People v Steele

2019 NY Slip Op 00497 [168 AD3d 1276]

January 24, 2019

Appellate Division, Third Department

As corrected through Wednesday, March 6, 2019

[*1]

The People of the State of New York,Respondent, v Jeffrey Steele, Appellant.

Brian M. Callahan, 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 (Sypnewski, J.),rendered October 23, 2015, convicting defendant upon his plea of guilty of the crime ofmanslaughter in the first degree.

Defendant pleaded guilty to the reduced charge of manslaughter in the first degree andwaived his right to appeal. County Court sentenced defendant, in accordance with the terms ofthe plea agreement, to a prison term of 25 years, followed by five years of postreleasesupervision. Defendant appeals.

Defendant's sole contention on appeal is that the sentence is harsh and excessive given hisrelative youth, lack of criminal history and history of mental illness. This issue, however, isprecluded by the unchallenged appeal waiver (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Gorman, 165 AD3d1349, 1349 [2018], lv denied 32 NY3d 1125 [2018]; People v Allen, 165 AD3d 1348,1348 [2018]).

Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.