Opinion
107904
07-26-2018
The PEOPLE of the State of New York, Respondent, v. Derek F. VALACHOVIC, Appellant.
Barrett D. Mack, Albany, for appellant. Kelli P. McCoski, District Attorney, Fonda (Christina Pearson of counsel), for respondent.
Barrett D. Mack, Albany, for appellant.
Kelli P. McCoski, District Attorney, Fonda (Christina Pearson of counsel), for respondent.
Before: Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered July 6, 2015, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.
In satisfaction of multiple pending charges, defendant pleaded guilty to a superior court information charging him with robbery in the first degree and waived his right to appeal. County Court sentenced defendant as a second felony offender, in accordance with the terms of the plea agreement, to a prison term of 15 years followed by five years of postrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive. However, defendant's challenge to the severity of the sentence is precluded by the unchallenged waiver of the right to appeal (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. Chapman, 160 A.D.3d 1211, 1211, 71 N.Y.S.3d 919 [2018] ; People v. Booker, 159 A.D.3d 1221, 1222, 70 N.Y.S.3d 408 [2018] ).
ORDERED that the judgment is affirmed.
Lynch, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur.