| People v Valachovic |
| 2018 NY Slip Op 05529 [163 AD3d 1351] |
| July 26, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Derek F. Valachovic, Appellant. |
Barrett D. Mack, Albany, for appellant.
Kelli P. McCoski, District Attorney, Fonda (Christina Pearson of counsel), forrespondent.
Appeal from a judgment of the County Court of Montgomery County (Catena, J.), renderedJuly 6, 2015, convicting defendant upon his plea of guilty of the crime of robbery in the firstdegree.
In satisfaction of multiple pending charges, defendant pleaded guilty to a superior courtinformation charging him with robbery in the first degree and waived his right to appeal. CountyCourt sentenced defendant as a second felony offender, in accordance with the terms of the pleaagreement, to a prison term of 15 years followed by five years of postrelease supervision.Defendant appeals.
Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive.However, defendant's challenge to the severity of the sentence is precluded by the unchallengedwaiver of the right to appeal (see Peoplev Lopez, 6 NY3d 248, 255-256 [2006]; People v Chapman, 160 AD3d 1211, 1211 [2018]; People v Booker, 159 AD3d 1221,1222 [2018]).
Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.