Opinion
108264
05-03-2018
The PEOPLE of the State of New York, Respondent, v. Yahya ROBINSON, Appellant.
Michael C. Ross, Bloomingburg, for appellant. James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), for respondent.
Michael C. Ross, Bloomingburg, for appellant.
James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), for respondent.
Before: Garry, P.J., McCarthy, Lynch, Clark and Pritzker, JJ.
MEMORANDUM AND ORDER
Lynch, J.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered January 8, 2016, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.
Defendant pleaded guilty to the reduced charge of manslaughter in the first degree and waived his right to appeal both orally and in writing. He was sentenced as a second felony offender, in accordance with the terms of the plea agreement, to a prison term of 25 years followed by five years of postrelease supervision. Defendant appeals.
We affirm. Defendant's contention that his plea was involuntary because he was coerced by an alleged promise that charges against the mother of his children would not be pursued survives his appeal waiver but is unpreserved for our review as the record does not reflect that he made an appropriate postallocution motion, and the narrow exception to the preservation requirement is inapplicable (see People v. Lloyd, 142 A.D.3d 1250, 1251, 37 N.Y.S.3d 917 [2016], lv denied 28 N.Y.3d 1073, 47 N.Y.S.3d 232, 69 N.E.3d 1028 [2016] ; People v. Lester, 141 A.D.3d 951, 953, 36 N.Y.S.3d 288 [2016], lv denied 28 N.Y.3d 1185, 52 N.Y.S.3d 712, 75 N.E.3d 104 [2017] ). Further, defendant's unchallenged, albeit valid, waiver of the right to appeal precludes his challenge to the severity of the sentence (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 [2017] ).
ORDERED that the judgment is affirmed.
Garry, P.J., McCarthy, Clark and Pritzker, JJ., concur.