Opinion
110640
11-05-2020
The PEOPLE of the State of New York, Respondent, v. Daniel NYE, Appellant.
Craig Meyerson, Peru, for appellant. Letitia James, Attorney General, New York City (Lisa E. Fleischmann of counsel), for respondent.
Craig Meyerson, Peru, for appellant.
Letitia James, Attorney General, New York City (Lisa E. Fleischmann of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered August 20, 2018, convicting defendant upon his plea of guilty of the crime of attempted conspiracy in the second degree.
Defendant was charged in an indictment with conspiracy in the second degree in connection with his role in distributing heroin and cocaine. Pursuant to a negotiated agreement, defendant pleaded guilty to the reduced charge of attempted conspiracy in the second degree, admitting that he had distributed drugs given to him by other coconspirators. As required by the terms of the plea agreement, defendant waived his right to appeal and executed a written waiver of appeal after reviewing it with counsel. Defendant was advised of the maximum potential sentence that could be imposed, although there was no sentencing promise and sentencing was expressly left to the discretion of County Court. The court thereafter sentenced defendant to a prison term of 2 to 6 years. Defendant appeals.
This charge was the first count of an 86–count indictment involving a total of 57 codefendants.
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We affirm. Defendant's unchallenged oral and written appeal waiver precludes his sole contention on appeal that the sentence imposed, though lawful, is harsh and excessive (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. King , 185 A.D.3d 1090, 1091, 126 N.Y.S.3d 804 [2020] ; 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] ). Accordingly, the judgment of conviction is affirmed.
Garry, P.J., Egan Jr., Mulvey, Reynolds Fitzgerald and Colangelo, JJ., concur.
ORDERED that the judgment is affirmed.