| People v Kusmirek |
| 2019 NY Slip Op 02756 [171 AD3d 1311] |
| April 11, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Tomasz Kusmirek, Appellant. |
Michael C. Ross, Bloomingburg, for appellant.
James R. Farrell, District Attorney, Monticello (Brian P. Conaty of counsel), forrespondent.
Appeal from a judgment of the County Court of Sullivan County (Schick, J.), rendered April11, 2017, convicting defendant upon his plea of guilty of the crime of arson in the thirddegree.
After waiving indictment and agreeing to be prosecuted by a superior court information,defendant pleaded guilty to arson in the third degree and waived his right to appeal. Thereafter,County Court sentenced defendant, in accordance with the terms of the plea agreement, to aprison term of 3 to 9 years. Defendant appeals.
Defendant's sole contention on appeal is that the sentence is harsh and excessive given,among other things, his minimal criminal history and history of serious mental illness. This issue,however, is precluded by the unchallenged appeal waiver (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Steele, 168 AD3d 1276,1276 [2019]; People v Allen, 166AD3d 1210, 1211 [2018], lv denied 32 NY3d 1201 [2019]; People v Blackburn, 164 AD3d960, 962 [2018]).
Garry, P.J., Clark, Mulvey, Devine and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.