| People v Wands |
| 2018 NY Slip Op 02677 [160 AD3d 1214] |
| April 19, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Jason Wands, Appellant. |
Michael C. Ross, Bloomingburg, 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.), rendered May10, 2016, convicting defendant upon his plea of guilty of the crime of attempted burglary in thesecond degree.
In satisfaction of charges pending against him, defendant waived indictment and agreed toplead guilty to a superior court information charging him with attempted burglary in the seconddegree. Defendant thereafter pleaded guilty to that charge and waived his right to appeal, bothorally and in writing. In accordance with the plea agreement, defendant was sentenced, as asecond violent felony offender, to a prison term of seven years followed by five years ofpostrelease supervision. Defendant now appeals.
We affirm. Defendant's sole contention on appeal is that the sentence imposed is harsh andexcessive in light of, among other things, his remorse and difficult childhood. This contention,however, is precluded by defendant's unchallenged appeal waiver, which the record establisheswas knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Webb, 157 AD3d 1132,1132 [2018]; People v Dobbs, 157AD3d 1122, 1123 [2018]; People vDorsey, 148 AD3d 1352, 1352 [2017], lv denied 29 NY3d 1031 [2017]).
Garry, P.J., McCarthy, Egan Jr., Clark and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.