Opinion
2014-07-31
The PEOPLE of the State of New York, Respondent, v. Robert J. FISHER, Appellant.
Ellen H. Fried, Cornwallville, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Ellen H. Fried, Cornwallville, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Breslin, J.), rendered June 14, 2012 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.
In full satisfaction of a five-count indictment, defendant pleaded guilty to attempted burglary in the second degree and waived his right to appeal. He was thereafter sentenced, pursuant to the plea agreement, to a prison term of seven years to be followed by three years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, our review of the plea colloquy and the counseled written waiver executed by defendant establish that he knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence ( see People v. Frasier, 105 A.D.3d 1079, 1080, 962 N.Y.S.2d 787 [2013],lv. denied22 N.Y.3d 1088, 981 N.Y.S.2d 673, 4 N.E.3d 975 [2014];People v. Ferro, 101 A.D.3d 1243, 1244, 956 N.Y.S.2d 225 [2012],lv. denied20 N.Y.3d 1098, 965 N.Y.S.2d 794, 988 N.E.2d 532 [2013] ). Defendant's sole remaining contention on appeal, that the sentence is harsh and excessive, is precluded by his valid appeal waiver ( see People v. Newton, 113 A.D.3d 1000, 1001, 979 N.Y.S.2d 545 [2014];People v. Marshall, 108 A.D.3d 884, 884, 968 N.Y.S.2d 409 [2013],lv. denied22 N.Y.3d 957, 977 N.Y.S.2d 188, 999 N.E.2d 553 [2013] ). LAHTINEN, J.P., GARRY, EGAN JR., DEVINE and CLARK, JJ., concur.
ORDERED that the judgment is affirmed.