Opinion
109981
09-19-2019
The PEOPLE of the State of New York, Respondent, v. Dewitt MILLER, Appellant.
Donnial K. Hinds, Albany, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Donnial K. Hinds, Albany, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Devine and Aarons, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Breslin, J.), rendered August 8, 2017 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.
Defendant waived indictment, pleaded guilty to a superior court information charging him with attempted robbery in the second degree and waived his right to appeal. Supreme Court sentenced him to 4½ years in prison, followed by three years of postrelease supervision. Defendant appeals.
We affirm. Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive. Such claim is precluded, however, by defendant's unchallenged appeal waiver (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. Chapman, 160 A.D.3d 1211, 1211, 71 N.Y.S.3d 919 [2018] ; People v. Gause, 157 A.D.3d 1167, 1168, 67 N.Y.S.3d 506 [2018], lv denied 31 N.Y.3d 983, 77 N.Y.S.3d 661, 102 N.E.3d 438 [2018] ). Accordingly, the judgment of conviction is affirmed.
Garry, P.J., Egan Jr., Mulvey, Devine and Aarons, JJ., concur.
ORDERED that the judgment is affirmed.