| People v Bigwarfe |
| 2017 NY Slip Op 08412 [155 AD3d 1450] |
| November 30, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Alan G. Bigwarfe, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), forrespondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Franklin County (Main Jr.,J.), rendered January 7, 2016, convicting defendant upon his plea of guilty of the crime ofcriminal mischief in the second degree.
In satisfaction of a six-count indictment, defendant pleaded guilty to criminal mischief in thesecond degree and waived his right to appeal. In accordance with the plea agreement, CountyCourt sentenced him, as a second felony offender, to a prison term of 2
Our review of the plea colloquy establishes that the waiver of appeal was knowing, voluntaryand intelligent (see People v Lopez,6 NY3d 248, 256 [2006]; People vMiller, 137 AD3d 1485, 1485 [2016]). Defendant's valid waiver of the right to appealprecludes us from reviewing his contention that his sentence is harsh and excessive (see People v Gasparro, 139 AD3d1247, 1248 [2016], lv denied 28 NY3d 929 [2016]; People v Butler, 134 AD3d 1349,1350 [2015], lv denied 27 NY3d 963 [2016]).
Egan Jr., Lynch, Rose and Rumsey, JJ., concur. Ordered that the judgment is affirmed.