Opinion
108477
09-27-2018
The PEOPLE of the State of New York, Respondent, v. Frederick L. WALTERS, Appellant.
Janet K. Kealy, Hudson, for appellant. P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Janet K. Kealy, Hudson, for appellant.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Before: Garry, P.J., McCarthy, Devine, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered May 6, 2016, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Defendant waived indictment and pleaded guilty to a superior court information charging him with one count of attempted criminal sale of a controlled substance in the third degree in exchange for a prison term of five years followed by two years of postrelease supervision. The plea agreement also included a waiver of the right to appeal. Defendant subsequently pleaded guilty to the charged crime, and County Court imposed the agreed-upon sentence. This appeal ensued.
Defendant does not dispute, and our review confirms, that his appeal waiver was valid. His sole argument upon appeal, that the sentence imposed was harsh and excessive, is precluded as a result (see People v. Sisto, 161 A.D.3d 1483, 1483, 74 N.Y.S.3d 773 [2018], lv denied 32 N.Y.3d 941, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2018 WL 4331815 [Aug. 17, 2018] ; People v. Morris, 161 A.D.3d 1219, 1220, 76 N.Y.S.3d 656 [2018] ; People v. Bennett, 159 A.D.3d 1189, 1189, 70 N.Y.S.3d 95 [2018], lv denied 31 N.Y.3d 1145, 83 N.Y.S.3d 427, 108 N.E.3d 501 [2018] ). Accordingly, the judgment of conviction is affirmed.
ORDERED that the judgment is affirmed.
Garry, P.J., McCarthy, Devine, Aarons and Pritzker, JJ., concur.