| People v Bennett |
| 2018 NY Slip Op 01674 [159 AD3d 1189] |
| March 15, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v BasheemBennett, Appellant. |
Marshall Nadan, Kingston, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), renderedNovember 13, 2015, convicting defendant upon his plea of guilty of the crime of murder in thesecond degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to murder in the seconddegree and waived his right to appeal. The charges stemmed from defendant entering a night cluband fatally shooting the victim, whom he believed had killed a friend, and seriously injuringanother person. Pursuant to the terms of the plea agreement, defendant agreed to, among otherthings, testify at the trial of anyone else involved in the crime in exchange for a sentence of 18years to life in prison. Thereafter, County Court determined that defendant violated that conditionby invoking his Fifth Amendment right and refusing to testify at a subsequent trial. The court,after confirming that defendant did not wish to move to withdraw his plea, sentenced defendantto 25 years to life in prison. Defendant appeals.
Defendant's sole contention—that the sentence imposed was harsh andexcessive—is precluded by his unchallenged and valid waiver of the right to appeal (see People v Lopez, 6 NY3d 248,256 [2006]; People v Brasmeister,136 AD3d 1122, 1123 [2016], lv denied 27 NY3d 993 [2016]).
Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.