People v Miller

2019 NY Slip Op 06652 [175 AD3d 1677]

September 19, 2019

Appellate Division, Third Department

As corrected through Wednesday, October 30, 2019

[*1]

The People of the State of New York,Respondent, v Dewitt Miller, Appellant.

Donnial K. Hinds, Albany, for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.

Appeal from a judgment of the Supreme Court (Breslin, J.), rendered August 8, 2017 inAlbany County, convicting defendant upon his plea of guilty of the crime of attempted robbery inthe second degree.

Defendant waived indictment, pleaded guilty to a superior court information charging himwith attempted robbery in the second degree and waived his right to appeal. Supreme Courtsentenced him to 41/2 years in prison, followed by three years of postreleasesupervision. Defendant appeals.

We affirm. Defendant's sole contention on appeal is that the sentence imposed is harsh andexcessive. Such claim is precluded, however, by defendant's unchallenged appeal waiver (see People v Lopez, 6 NY3d 248,255-256 [2006]; People v Chapman,160 AD3d 1211, 1211 [2018]; People v Gause, 157 AD3d 1167, 1168 [2018], lv denied 31NY3d 983 [2018]). Accordingly, the judgment of conviction is affirmed.

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