| People v Treceno |
| 2018 NY Slip Op 02679 [160 AD3d 1216] |
| April 19, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Michael Treceno, Appellant. |
G. Scott Walling, Slingerlands, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered September 18, 2015, convicting defendant upon his plea of guilty of the crime ofcriminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of acontrolled substance in the third degree. County Court sentenced defendant to the agreed-uponprison term of six years, to be followed by two years of postrelease supervision. Defendantappeals.
We affirm. Initially, defendant's waiver of the right to appeal is invalid, inasmuch as he wasnot advised that the right to appeal is separate and distinct from the rights automatically forfeitedby pleading guilty (see People vCadet, 144 AD3d 1335, 1336-1337 [2016], lv denied 28 NY3d 1143 [2017],cert denied 583 US &mdash, 138 S Ct 112 [2017]; People v Maxwell, 142 AD3d 739, 740 [2016]). As such, hischallenge to the severity of his sentence is not precluded from review. Nevertheless, defendantagreed to the imposed sentence as part of the plea agreement, which is within the statutoryparameters (see Penal Law § 70.70 [2] [a] [i]), and we discern noextraordinary circumstances or any abuse of discretion warranting a reduction of the sentence inthe interest of justice (see CPL 470.15 [3] [c]; People v Dumas, 155 AD3d 1256, 1257 [2017]; People v Miller, 70 AD3d 1120,1121 [2010], lv denied 14 NY3d 890 [2010]).
McCarthy, J.P., Egan Jr., Devine, Clark and Mulvey, JJ., concur. Ordered that the judgmentis affirmed.