| People v Knight |
| 2018 NY Slip Op 05633 [164 AD3d 957] |
| August 2, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Gammen Knight, Also Known as G,Appellant. |
Sandra M. Colatosti, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.),rendered March 15, 2016, convicting defendant upon his plea of guilty of the crimes ofmanslaughter in the first degree and criminal sale of a firearm in the third degree.
Defendant pleaded guilty to manslaughter in the first degree and criminal sale of a firearm inthe third degree with the understanding that he would be sentenced, as a second violent felonyoffender, to an aggregate prison sentence of 28 years, to be followed by five years of postreleasesupervision. Pursuant to the plea agreement, defendant agreed to waive his right to appeal and topay restitution in the amount of $8,400. County Court thereafter imposed the agreed-uponsentence and ordered defendant to pay $8,400 in restitution. Defendant now appeals.
We affirm. Defendant's claim that his sentence is harsh and excessive is precluded by hisunchallenged appeal waiver (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]). Further, inasmuch as the record establishes that the terms of the plea agreementincluded restitution in the amount of $8,400, and defendant did not request a hearing orotherwise contest the amount ordered, his contention that the amount is not supported by therecord is both precluded by his appeal waiver and unpreserved for our review (see People v Grumberg, 153 AD3d1525, 1527 [2017]; People vAdams, 153 AD3d 1449, 1451 [2017]).
Devine, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.