People v Gause

2018 NY Slip Op 00492 [157 AD3d 1167]

January 25, 2018

Appellate Division, Third Department

As corrected through Wednesday, February 28, 2018

[*1]

The People of the State of New York, Respondent, v Wayne J.Gause, Appellant.

Adam H. Van Buskirk, Chateaugay, for appellant.

Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), forrespondent.

Appeal from a judgment of the County Court of Schenectady County (Murphy, J.), renderedMarch 2, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminalpossession of a controlled substance in the third degree.

Defendant waived indictment and agreed to be prosecuted pursuant to a superior courtinformation charging him with one count of attempted criminal possession of a controlledsubstance in the third degree. A plea agreement was reached, pursuant to the terms of whichdefendant agreed to plead guilty to the superior court information with the understanding that hewould be sentenced to a prison term of four years followed by a period of postrelease supervisionranging from 11/2 to 3 years. The plea agreement, which also would satisfyadditional charges, required defendant to waive his right to appeal. Defendant thereafter pleadedguilty to the charged crime and was sentenced to a prison term of four years followed by twoyears of postrelease supervision. Defendant now appeals.

Upon appeal, defendant argues only that the sentence imposed is harsh and excessive. In lightof defendant's unchallenged waiver of the right to appeal, however, we are precluded fromreviewing this issue (see People vFairweather, 147 AD3d 1153, 1154 [2017], lv denied 29 NY3d 1031 [2017]; People v Perkins, 140 AD3d 1401,1403 [2016], lv denied 28 NY3d 1126 [2016]; People v Smalls, 128 AD3d 1281, 1282 [2015], lv denied27 NY3d 1006 [2016]). Accordingly, the judgment of conviction is affirmed.

Garry, P.J., Egan Jr., Devine, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.