Opinion
108310
04-19-2018
The PEOPLE of the State of New York, Respondent, v. Maresa CHAPMAN, Appellant.
Marshall Nadan, Kingston, for appellant. P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), for respondent.
Marshall Nadan, Kingston, for appellant.
P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Clark, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Albany County (Herrick, J.), rendered January 25, 2016, convicting defendant upon her plea of guilty of the crime of attempted assault in the first degree.
In satisfaction of a six-count indictment, defendant pleaded guilty to attempted assault in the first degree and waived her right to appeal, both orally and in writing. In accordance with the terms of the plea agreement, she was sentenced as a second felony offender to 8½ years in prison, to be followed by five years of postrelease supervision. She now appeals.
Defendant's sole contention is that her sentence is harsh and excessive. She is, however, precluded from raising this claim by her 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. Gause , 157 A.D.3d 1167, 1168, 67 N.Y.S.3d 506 [2018], lv denied 31 N.Y.3d 983, –––N.Y.S.3d ––––, ––– N.E.3d ––––, 2018 WL 1729499 [Mar. 22, 2018]; People v. Odom , 150 A.D.3d 1484, 1485, 52 N.Y.S.3d 235 [2017] ). Therefore, the judgment of conviction is affirmed.
ORDERED that the judgment is affirmed.
Egan Jr., J.P., Devine, Clark, Aarons and Rumsey, JJ., concur.