Opinion
108178
11-30-2017
The PEOPLE of the State of New York, Respondent, v. Alan G. BIGWARFE, Appellant.
Lisa A. Burgess, Indian Lake, for appellant. Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Lisa A. Burgess, Indian Lake, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Lynch, Rose and Rumsey, JJ.
MEMORANDUM AND ORDER
McCarthy, J.P.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered January 7, 2016, convicting defendant upon his plea of guilty of the crime of criminal mischief in the second degree.
In satisfaction of a six-count indictment, defendant pleaded guilty to criminal mischief in the second degree and waived his right to appeal. In accordance with the plea agreement, County Court sentenced him, as a second felony offender, to a prison term of 2½ to 5 years. Defendant appeals.
Our review of the plea colloquy establishes that the waiver of appeal was knowing, voluntary and intelligent (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Miller, 137 A.D.3d 1485, 1485, 29 N.Y.S.3d 586 [2016] ). Defendant's valid waiver of the right to appeal precludes us from reviewing his contention that his sentence is harsh and excessive (see People v. Gasparro, 139 A.D.3d 1247, 1248, 30 N.Y.S.3d 580 [2016], lv. denied 28 N.Y.3d 929, 40 N.Y.S.3d 358, 63 N.E.3d 78 [2016] ; People v. Butler, 134 A.D.3d 1349, 1350, 22 N.Y.S.3d 617 [2015], lv. denied 27 N.Y.3d 963, 36 N.Y.S.3d 624, 56 N.E.3d 904 [2016] ).
ORDERED that the judgment is affirmed.
Egan Jr., Lynch, Rose and Rumsey, JJ., concur.