| People v Patterson |
| 2018 NY Slip Op 06291 [164 AD3d 1568] |
| September 27, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v James Patterson, Appellant. |
Janet K. Kealy, Hudson, for appellant.
Barbara D. Underwood, Attorney General, New York City (Jodi A. Danzig of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Lynch, J.), renderedNovember 13, 2015, convicting defendant upon his plea of guilty of the crime of attemptedcriminal sale of a controlled substance in the third degree.
In March 2015, a grand jury handed up a sealed 77-count indictment in connection with analleged conspiracy to sell narcotics in Albany County and various other locations within andwithout the state. Defendant was charged in 11 of those counts with conspiracy in the seconddegree, criminal possession of a controlled substance in the third degree (eight counts) andcriminal sale of a controlled substance in the third degree (two counts). In full satisfaction of thatindictment, defendant ultimately agreed to plead guilty to the reduced charge of one count ofattempted criminal sale of a controlled substance in the third degree with the understanding thathe would be sentenced as a second felony offender to a prison term of 1
Given defendant's unchallenged and concededly valid appeal waiver, his sole argument uponappeal—that the agreed-upon sentence imposed is harsh and excessive—isprecluded (see People v Bennett,159 AD3d 1189, 1189 [2018], lv denied 31 NY3d 1145 [2018]; People v Haines, 154 AD3d 1017,1017 [2017]; People v Martin, 125AD3d 1054, 1055 [2015], lv denied 26 NY3d 932 [2015]). Accordingly, thejudgment of conviction is affirmed.
Egan Jr., J.P., Devine, Clark, Mulvey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.