| People v Caggiano |
| 2017 NY Slip Op 03571 [150 AD3d 1335] |
| May 4, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v JulianCaggiano, Appellant. |
The Kindlon Law Firm, PLLC, Albany (Lee C. Kindlon of counsel), for appellant.
D. Holley Carnright, District Attorney, Kingston (Clifford P. Owens of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered September 22, 2014, convicting defendant upon his plea of guilty of the crime ofcriminal possession of a controlled substance in the third degree.
Defendant pleaded guilty to criminal possession of a controlled substance in the third degreein full satisfaction of a nine-count indictment and waived his right to appeal. County Courtdenied defendant's request to be adjudicated a youthful offender and sentenced defendant, inaccordance with the plea agreement, to five years in prison to be followed by two years ofpostrelease supervision. Defendant appeals, and we affirm.
Defendant does not challenge the validity of his appeal waiver, and the plea colloquy and thewritten waiver demonstrate that defendant knowingly, intelligently and voluntarily waived theright to appeal his conviction and sentence (see People v White, 145 AD3d 1324, 1324-1325 [2016]; People v Taylor, 144 AD3d 1317,1318 [2016], lv denied 28 NY3d 1151 [2017]). As such, defendant's valid waiver ofappeal precludes his contentions that County Court abused its discretion in denying him youthfuloffender status and that the sentence imposed was harsh and excessive (see People v Pacherille, 25 NY3d1021, 1024 [2015]; People vSimon, 140 AD3d 1533, 1534 [2016]; People v Hernandez, 140 AD3d 1521, 1523 [2016], lvdenied 28 NY3d 971 [2016]; Peoplev Wright, 123 AD3d 1241, 1241 [2014]).
McCarthy, Egan Jr., Mulvey and Aarons, JJ., concur. Ordered that the judgment isaffirmed.