| People v Allen |
| 2020 NY Slip Op 01858 [181 AD3d 1093] |
| March 16, 2020 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Dayshawn Allen, Appellant. |
Justin C. Brusgul, Voorheesville, 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 May 10, 2017, convicting defendant upon his plea of guilty of the crime ofburglary in the first degree.
In full satisfaction of a four-count indictment, defendant pleaded guilty to one countof burglary in the first degree with the understanding that his sentence would be cappedat 12 years followed by five years of postrelease supervision. As part of the pleaagreement, defendant waived his right to appeal. Consistent with the terms of the pleaagreement, County Court sentenced defendant to a prison term of 12 years followed byfive years of postrelease supervision. This appeal ensued.
Defendant's sole contention upon appeal—that the sentence imposed is harshand excessive—is precluded by his unchallenged waiver of the right to appeal (see People v Miller, 175 AD3d1677, 1677 [2019]; Peoplev Valachovic, 163 AD3d 1351, 1351-1352 [2018], lv denied 33 NY3d954 [2019]; People vWands, 160 AD3d 1214, 1215 [2018], lv denied 31 NY3d 1122 [2018]).Accordingly, the judgment of conviction is affirmed.
Lynch, J.P., Clark, Mulvey, Pritzker and Colangelo, JJ., concur. Ordered that thejudgment is affirmed.