People v Chapman

2018 NY Slip Op 02674 [160 AD3d 1211]

April 19, 2018

Appellate Division, Third Department

As corrected through Wednesday, May 30, 2018

[*1]

The People of the State of New York,Respondent, v Maresa Chapman, Appellant.

Marshall Nadan, Kingston, for appellant.

P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), forrespondent.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), renderedJanuary 25, 2016, convicting defendant upon her plea of guilty of the crime of attempted assaultin the first degree.

In satisfaction of a six-count indictment, defendant pleaded guilty to attempted assault in thefirst degree and waived her right to appeal, both orally and in writing. In accordance with theterms of the plea agreement, she was sentenced as a second felony offender to 81/2years in prison, to be followed by five years of postrelease supervision. She now appeals.

Defendant's sole contention is that her sentence is harsh and excessive. She is, however,precluded from raising this claim by her unchallenged waiver of the right to appeal (see People v Lopez, 6 NY3d 248,255-256 [2006]; People v Gause,157 AD3d 1167, 1168 [2018], lv denied 31 NY3d 983 [2018]; People vOdom, 150 AD3d 1484, 1485 [2017]). Therefore, the judgment of conviction isaffirmed.

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