| People v Robinson |
| 2018 NY Slip Op 03177 [161 AD3d 1218] |
| May 3, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Yahya Robinson, Appellant. |
Michael C. Ross, Bloomingburg, for appellant.
James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), forrespondent.
Lynch, J. Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.),rendered January 8, 2016, convicting defendant upon his plea of guilty of the crime ofmanslaughter in the first degree.
Defendant pleaded guilty to the reduced charge of manslaughter in the first degree andwaived his right to appeal both orally and in writing. He was sentenced as a second felonyoffender, in accordance with the terms of the plea agreement, to a prison term of 25 yearsfollowed by five years of postrelease supervision. Defendant appeals.
We affirm. Defendant's contention that his plea was involuntary because he was coerced byan alleged promise that charges against the mother of his children would not be pursued surviveshis appeal waiver but is unpreserved for our review as the record does not reflect that he made anappropriate postallocution motion, and the narrow exception to the preservation requirement isinapplicable (see People v Lloyd,142 AD3d 1250, 1251 [2016], lv denied 28 NY3d 1073 [2016]; People v Lester, 141 AD3d 951,953 [2016], lv denied 28 NY3d 1185 [2017]). Further, defendant's unchallenged, albeitvalid, waiver of the right to appeal precludes his challenge to the severity of the sentence (see People v Fairweather, 147 AD3d1153, 1154 [2017], lv denied 29 NY3d 1031 [2017]).
Garry, P.J., McCarthy, Clark and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.