| People v Campbell |
| 2018 NY Slip Op 03561 [161 AD3d 1380] |
| May 17, 2018 |
| Appellate Division, Third Department |
[*1](May 17, 2018)
| The People of the State of New York,Respondent, v Daniel Campbell, Also Known as Solider,Appellant. |
Dana L. Salazar, East Greenbush, for appellant.
Joel E. Abelove, District Attorney, Troy (Kathryn M. Moryl of counsel), for respondent.
Appeal from a judgment of the County Court of Rensselaer County (Young, J.), renderedMarch 22, 2013, convicting defendant upon his plea of guilty of the crime of attempted criminalsale of a controlled substance in the third degree.
County Court (Jacon, J.) conducted a colloquy with defendant in which he pleaded guilty toattempted criminal sale of a controlled substance in the third degree. County Court (Young, J.)thereafter sentenced him, as a second felony offender, to the agreed-upon sentence of four yearsin prison, to be followed by two years of postrelease supervision, the sentence to be served underparole supervision pursuant to CPL 410.91. Defendant appeals.
We affirm. The People initially concede, and we agree, that the waiver of the right toappeal—consisting of a sparse written waiver executed at sentencing that was notreferenced during the plea colloquy—was not valid (see People v Thompson, 157 AD3d 1141, 1141-1142 [2018]; People v Ties, 132 AD3d 558, 558[2015]). We accordingly address defendant's remaining contention, that his sentence is harsh andexcessive, and find neither an abuse of discretion nor the existence of any extraordinarycircumstances warranting a reduction of the agreed-upon sentence in the interest of justice (see People v Ortiz, 153 AD3d1049, 1049 [2017]; People vHarris, 150 AD3d 1337, 1337-1338 [2017]).
McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ., concur. Ordered that the judgmentis affirmed.