| People v Ray |
| 2019 NY Slip Op 08730 [178 AD3d 1128] |
| December 5, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Antoine Ray, Appellant. |
James R. McGinn, Delmar, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered January18, 2017, convicting defendant upon his plea of guilty of the crime of attempted assault in thefirst degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to attempted assault in thefirst degree in exchange for a prison term of 10 years followed by five years of postreleasesupervision. As part of the plea agreement, defendant waived his right to appeal. County Courtsentenced him, as an admitted second felony offender, to the contemplated term ofimprisonment, and this appeal ensued.
The sole argument raised by defendant upon appeal—that the agreed-upon sentenceimposed is harsh and excessive—is precluded by defendant's unchallenged waiver of theright to appeal (see People vClerveau, 174 AD3d 1066, 1068 [2019], lv denied 34 NY3d 949 [2019]; People v Perez, 171 AD3d 1309,1309 [2019]; People v Allen, 165AD3d 1348, 1348 [2018]). Accordingly, the judgment of conviction is affirmed.
Garry, P.J., Egan Jr., Mulvey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.