| People v Rickenbacker |
| 2019 NY Slip Op 00640 [168 AD3d 1315] |
| January 31, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Kenneth J. Rickenbacker, Appellant. |
Jane M. Bloom, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Kristin L. Hackett of counsel), forrespondent.
Appeal from a judgment of the County Court of Sullivan County (Schick, J.), renderedNovember 28, 2016, convicting defendant upon his plea of guilty of the crime of criminalpossession of a weapon in the second degree.
In satisfaction of a six-count indictment and with the understanding that he would besentenced to between seven and nine years in prison, defendant pleaded guilty to criminalpossession of a weapon in the second degree and waived his right to appeal. Defendant, who hadbeen released to probation supervision pending sentencing, was thereafter rearrested for sevennew offenses, which he admitted was a violation of the Parker admonishment provided tohim by County Court. However, notwithstanding the option to impose an enhanced sentence ofup to 15 years (see Penal Law § 70.06 [6] [b]), County Court sentenceddefendant, as a second felony offender, within the range of the contemplated plea agreement,namely, to a prison term of nine years, to be followed by five years of postrelease supervision.Defendant appeals, and we affirm.
Defendant's sole contention is that the sentence imposed was harsh and excessive in light of,among other things, his history of substance abuse and dependence. This claim, however, isforeclosed by defendant's unchallenged appeal waiver (see People v Gorman, 165 AD3d 1349, 1349 [2018], lvdenied 32 NY3d 1125 [2018]; People v Morris, 161 AD3d 1219, 1220 [2018]; People v Wands, 160 AD3d 1214,1215 [2018], lv denied 31 NY3d 1122 [2018]; People v St. Mary, 157 AD3d 1168, 1169 [2018], lv denied31 NY3d 986 [2018]).
Egan Jr., J.P., Lynch, Clark, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.