| People v Tarver |
| 2017 NY Slip Op 03079 [149 AD3d 1350] |
| April 20, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v RobertTarver, Appellant. |
Kelly M. Monroe, Albany, for appellant.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Appeal from a judgment of the County Court of Albany County (McDonough, J.), renderedJuly 29, 2014, convicting defendant upon his plea of guilty of the crime of burglary in the seconddegree.
Defendant pleaded guilty to the single-count indictment charging him with burglary in thesecond degree and waived his right to appeal. Defendant was sentenced to seven years in prisonfollowed by five years of postrelease supervision. Defendant appeals, solely contending that thesentence imposed was harsh and excessive.
Contrary to the People's assertion, it was improper for County Court to require defendant towaive his right to appeal, as the record establishes that "there was no promise, plea agreement,reduced charge, or any other bargain or consideration given to . . . defendant inexchange for his plea" (People vNicelli, 74 AD3d 1235, 1236-1237 [2010]; see People v Crump, 107 AD3d 1046, 1047 [2013], lvdenied 21 NY3d 1014 [2013]). As such, defendant's challenge to the sentence is notprecluded. Nevertheless, we are unpersuaded by defendant's contention that the sentence imposedwas harsh and excessive. The record reflects that County Court considered appropriate factors inrendering the sentence and the sentence was within the permissible statutory range (seePenal Law § 70.02 [1] [b]; [3] [b]). As we find no abuse of discretion by the courtnor any extraordinary circumstances warranting a reduction of the sentence imposed, it will notbe disturbed (see People v Crump, 107 AD3d at 1047).
McCarthy, J.P., Garry, Egan Jr., Clark and Aarons, JJ., concur. Ordered that the judgment isaffirmed.