Opinion
108569
01-25-2018
The PEOPLE of the State of New York, Respondent, v. Wayne J. GAUSE, Appellant.
Adam H. Van Buskirk, Chateaugay, for appellant. Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Adam H. Van Buskirk, Chateaugay, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Devine, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Schenectady County (Murphy, J.), rendered March 2, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with one count of attempted criminal possession of a controlled substance in the third degree. A plea agreement was reached, pursuant to the terms of which defendant agreed to plead guilty to the superior court information with the understanding that he would be sentenced to a prison term of four years followed by a period of postrelease supervision ranging from 1½ to 3 years. The plea agreement, which also would satisfy additional charges, required defendant to waive his right to appeal. Defendant thereafter pleaded guilty to the charged crime and was sentenced to a prison term of four years followed by two years of postrelease supervision. Defendant now appeals.
Upon appeal, defendant argues only that the sentence imposed is harsh and excessive. In light of defendant's unchallenged waiver of the right to appeal, however, we are precluded from reviewing this issue (see People v. Fairweather, 147 A.D.3d 1153, 1154, 46 N.Y.S.3d 439 [2017], lv denied 29 N.Y.3d 1031, 62 N.Y.S.3d 300, 84 N.E.3d 972 [2017] ; People v. Perkins, 140 A.D.3d 1401, 1403, 33 N.Y.S.3d 584 [2016], lv denied 28 N.Y.3d 1126, 51 N.Y.S.3d 22, 73 N.E.3d 362 [2016] ; People v. Smalls, 128 A.D.3d 1281, 1282, 8 N.Y.S.3d 614 [2015], lv denied 27 N.Y.3d 1006, 38 N.Y.S.3d 115, 59 N.E.3d 1227 [2016] ). Accordingly, the judgment of conviction is affirmed.
ORDERED that the judgment is affirmed.
Garry, P.J., Egan Jr., Devine, Aarons and Rumsey, JJ., concur.