| People v Dorsey |
| 2017 NY Slip Op 01912 [148 AD3d 1352] |
| March 16, 2017 |
| Appellate Division, Third Department |
[*1](March 16, 2017)
| The People of the State of New York, Respondent, v KasaadDorsey, Appellant. |
Sandra M. Colatosti, Albany, for appellant.
P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Lynch, J.), renderedNovember 29, 2013, convicting defendant upon his plea of guilty of the crime of attemptedcriminal possession of a controlled substance in the third degree.
In satisfaction of a one-count indictment and multiple pending charges, defendant pleadedguilty to the reduced charge of attempted criminal possession of a controlled substance in thethird degree and waived his right to appeal. He was sentenced as a second felony offender, inaccordance with the plea agreement, to a prison term of three years followed by three years ofpostrelease supervision. Defendant appeals.
Defendant's sole contention is that the sentence imposed was harsh and excessive. Suchchallenge is foreclosed by the unchallenged appeal waiver, which the record reflects wasknowing, voluntary and intelligent (seePeople v Lopez, 6 NY3d 248, 255-256 [2006]; People v Coutant, 143 AD3d 1015, 1016 [2016]).
McCarthy, J.P., Garry, Egan Jr., Rose and Devine, JJ., concur. Ordered that the judgment isaffirmed.