| People v Ballard |
| 2018 NY Slip Op 08377 [167 AD3d 1082] |
| December 6, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Devon Ballard, Appellant. |
Kelly M. Monroe, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.),rendered June 9, 2016, convicting defendant upon his plea of guilty of the crime of burglary inthe second degree.
Defendant pleaded guilty to burglary in the second degree in full satisfaction of aneight-count indictment and waived the right to appeal. County Court thereafter sentenced him, asa second violent felony offender, to 10 years in prison, to be followed by five years of postreleasesupervision. Defendant appeals, and we affirm.
We reject defendant's contention that he was illegally sentenced as a second violent felonyoffender because County Court failed to comply with the provisions of CPL 400.21 (3).Inasmuch as the record reflects that defendant received adequate notice of and an opportunity tocontrovert the allegations made in the predicate felony statement, we find substantial compliancewith CPL 400.21 (3) (see People vWood, 108 AD3d 932, 933 [2013]; People v Ellis, 53 AD3d 776, 777 [2008]). To the extent thatdefendant claims that his sentence is harsh and excessive, our review of this claim is precludedby his unchallenged waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Gause, 157 AD3d 1167,1168 [2018], lv denied 31 NY3d 983 [2018]).
Garry, P.J., Lynch, Devine, Mulvey and Aarons, JJ., concur. Ordered that the judgment isaffirmed.