Opinion
2012-04-19
The PEOPLE of the State of New York, Respondent, v. Michael STEFANOVICH, Appellant.
Erin C. Morigerato, Albany, for appellant. Kevin C. Kortwright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Erin C. Morigerato, Albany, for appellant. Kevin C. Kortwright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered December 6, 2010, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.
In satisfaction of various charges, defendant pleaded guilty to driving while intoxicated and waived his right to appeal. In accordance with the terms of the plea *380 agreement, he was sentenced to 1 to 3 years in prison. Defendant now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We are, however, precluded from addressing this issue given defendant's valid waiver of the right to appeal that he has not challenged ( see People v. Hyson, 56 A.D.3d 890, 892, 867 N.Y.S.2d 245 [2008], lv. denied 12 N.Y.3d 758, 876 N.Y.S.2d 710, 904 N.E.2d 847 [2009]; see also People v. Byrnes, 29 A.D.3d 1160, 1161, 813 N.Y.S.2d 924 [2006] ). Therefore, we decline to disturb the judgment of conviction.
ORDERED that the judgment is affirmed.