People v St. Mary

2018 NY Slip Op 00493 [157 AD3d 1168]

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 Gary R. St.Mary, Appellant.

Adam H. Van Buskirk, Chateaugay, for appellant.

Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), forrespondent.

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), renderedMarch 22, 2016, convicting defendant upon his plea of guilty of the crime of burglary in thesecond degree.

In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the seconddegree and waived his right to appeal. County Court sentenced defendant, in accordance with theterms of the plea agreement, to a prison term of eight years followed by 21/2 yearsof postrelease supervision. Defendant appeals.

Defendant's sole contention on appeal is that the sentence imposed was harsh and excessivegiven, among other things, his remorse and acceptance of responsibility for the crime. However,defendant's unchallenged appeal waiver precludes our review of this contention (see People v Lopez, 6 NY3d 248,256 [2006]; People v Haines, 154AD3d 1017, 1017 [2017]; People vOdom, 150 AD3d 1484, 1485 [2017]).

McCarthy, J.P., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur. Ordered that the judgmentis affirmed.