| People v Brickhouse |
| 2020 NY Slip Op 01672 [181 AD3d 1057] |
| March 12, 2020 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Lashawn Brickhouse, Appellant. |
Donnial K. Hinds, Albany, for appellant.
David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered November 20, 2017, convicting defendant upon his plea of guilty of the crimeof criminal possession of a weapon in the third degree.
After defendant was found in possession of a semiautomatic assault rifle, twolarge-capacity ammunition feeding devices and approximately 31 ounces of marihuana,he was charged in a four-count indictment with criminal possession of a weapon in thethird degree (three counts) and criminal possession of marihuana in the second degree.Defendant subsequently failed to appear as directed by County Court, and a benchwarrant was issued. Several months later, defendant was arrested and was ultimatelycharged in a second indictment with bail jumping in the second degree. Thereafter, insatisfaction of both indictments, defendant pleaded guilty to criminal possession of aweapon in the third degree and executed a waiver of appeal in open court, both orallyand in writing. Consistent with the terms of the plea agreement, County Court sentenceddefendant to a prison term of seven years, to be followed by three years of postreleasesupervision. Defendant appeals.
We affirm. Defendant's sole contention on appeal is that the sentence is harsh andexcessive, but that claim is precluded by his unchallenged appeal waiver (see People v Lopez, 6 NY3d248, 255-256 [2006]; People v Kusmirek, 171 AD3d 1311, 1311 [2019]; People v Rickenbacker, 168AD3d 1315, 1315 [2019], lv denied 33 NY3d 953 [2019]). Accordingly, thejudgment of conviction is affirmed.
Garry, P.J., Egan Jr., Devine, Pritzker and Reynolds Fitzgerald, JJ., concur. Orderedthat the judgment is affirmed.