| People v Sisto |
| 2018 NY Slip Op 03874 [161 AD3d 1483] |
| May 31, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Trevor J. Sisto, Appellant. |
Thomas F. Garner, Middleburgh, for appellant.
Kristy L. Sprague, District Attorney, Elizabethtown (James E. Martineau Jr. of counsel), forrespondent.
Aarons, J. Appeal from a judgment of the County Court of Essex County (Meyer, J.),rendered March 5, 2015, convicting defendant upon his plea of guilty of the crimes of assault inthe first degree (three counts), attempted assault in the first degree, reckless driving (two counts)and reckless endangerment in the second degree and the violation of leaving the scene of anincident without reporting (two counts).
In satisfaction of a 60-count indictment, defendant pleaded guilty to attempted assault in thefirst degree and three counts of assault in the first degree, as well as various misdemeanors andtraffic violations, and waived his right to appeal. He was sentenced, in accordance with the termsof the plea agreement, to an aggregate prison term of 35 years followed by a period of postreleasesupervision. Defendant appeals.
Defendant's challenges to the sufficiency and voluntariness of the plea are unpreserved forour review as the record does not reflect that he made an appropriate postallocution motion (see People v Leach, 26 NY3d1154, 1154 [2016]; People vShillabeer, 154 AD3d 1017, 1018 [2017]; People v Adams, 153 AD3d 1449, 1450 [2017]; People v Butler, 134 AD3d 1349,1350 [2015], lv denied 27 NY3d 963 [2016]). Further, a review of the plea colloquy failsto establish any basis to warrant the application of the narrow exception to the preservationrequirement (see People v Louree, 8NY3d 541, 545 [2007]; People vWallace, 150 AD3d 1551, 1552 [2017]; People v Butler, 134 AD3d at 1350). Tothe extent that defendant challenges the severity of the agreed-upon sentence, it is precluded bythe unchallenged waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v St. Mary, 157 AD3d1168, 1169[*2][2018], lv denied 31 NY3d 986[2018]).
Garry, P.J., Lynch, Clark and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.