Opinion
108631
01-25-2018
The PEOPLE of the State of New York, Respondent, v. Gary R. ST. MARY, Appellant.
Adam H. Van Buskirk, Chateaugay, for appellant. Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Adam H. Van Buskirk, Chateaugay, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Lynch, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 22, 2016, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. County Court sentenced defendant, in accordance with the terms of the plea agreement, to a prison term of eight years followed by 2½ years of postrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that the sentence imposed was harsh and excessive given, among other things, his remorse and acceptance of responsibility for the crime. However, defendant's unchallenged appeal waiver precludes our review of this contention (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Haines, 154 A.D.3d 1017, 1017, 60 N.Y.S.3d 861 [2017] ; People v. Odom, 150 A.D.3d 1484, 1485, 52 N.Y.S.3d 235 [2017] ).
ORDERED that the judgment is affirmed.
McCarthy, J.P., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur.