Opinion
108634
04-19-2018
The PEOPLE of the State of New York, Respondent, v. Michael TRECENO, Appellant.
G. Scott Walling, Slingerlands, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), for respondent.
G. Scott Walling, Slingerlands, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Devine, Clark and Mulvey, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered September 18, 2015, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree. County Court sentenced defendant to the agreed-upon prison term of six years, to be followed by two years of postrelease supervision. Defendant appeals.
We affirm. Initially, defendant's waiver of the right to appeal is invalid, inasmuch as he was not advised that the right to appeal is separate and distinct from the rights automatically forfeited by pleading guilty (see People v. Cadet, 144 A.D.3d 1335, 1336–1337, 41 N.Y.S.3d 434 [2016], lv denied 28 N.Y.3d 1143, 52 N.Y.S.3d 295, 74 N.E.3d 680 [2017], cert denied ––– U.S. ––––, 138 S Ct 112, 199 L.Ed.2d 70 [2017] ; People v. Maxwell, 142 A.D.3d 739, 740, 36 N.Y.S.3d 832 [2016] ). As such, his challenge to the severity of his sentence is not precluded from review. Nevertheless, defendant agreed to the imposed sentence as part of the plea agreement, which is within the statutory parameters (see Penal Law § 70.70[2][a][i] ), and we discern no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice (see CPL 470.15[3] [c] ; People v. Dumas, 155 A.D.3d 1256, 1257, 63 N.Y.S.3d 906 [2017] ; People v. Miller, 70 A.D.3d 1120, 1121, 896 N.Y.S.2d 183 [2010], lv denied 14 N.Y.3d 890, 903 N.Y.S.2d 778, 929 N.E.2d 1013 [2010] ).
ORDERED that the judgment is affirmed.
McCarthy, J.P., Egan Jr., Devine, Clark and Mulvey, JJ., concur.