Opinion
110884
01-21-2021
The PEOPLE of the State of New York, Respondent, v. Richard CARTER, Appellant.
Todd G. Monahan, Schenectady, for appellant. David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Todd G. Monahan, Schenectady, for appellant.
David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Clark, J.P., Mulvey, Aarons, Pritzker and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered September 26, 2018, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted promoting prison contraband in the first degree and waived his right to appeal. Defendant, a second felony offender, was sentenced in accordance with the terms of the plea agreement to a prison term of 1½ to 3 years, to run consecutively to the sentence he was currently serving. Defendant appeals.
We affirm. The sole contention raised by defendant – that the sentence imposed is harsh and excessive – is precluded by his unchallenged waiver of the right to appeal (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Allen, 181 A.D.3d 1093, 1094, 118 N.Y.S.3d 454 [2020] ; People v. Brickhouse, 181 A.D.3d 1057, 1057, 117 N.Y.S.3d 892 [2020], lv denied 35 N.Y.3d 1025, 126 N.Y.S.3d 26, 149 N.E.3d 864 [2020] ).
Clark, J.P., Mulvey, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.
ORDERED that the judgment is affirmed.