Opinion
108528
04-19-2018
The PEOPLE of the State of New York, Respondent, v. Jason WANDS, Appellant.
Michael C. Ross, Bloomingburg, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Michael C. Ross, Bloomingburg, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Garry, P.J., McCarthy, Egan Jr., Clark and Rumsey, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Ulster County (Williams, J.), rendered May 10, 2016, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.
In satisfaction of charges pending against him, defendant waived indictment and agreed to plead guilty to a superior court information charging him with attempted burglary in the second degree. Defendant thereafter pleaded guilty to that charge and waived his right to appeal, both orally and in writing. In accordance with the plea agreement, defendant was sentenced, as a second violent felony offender, to a prison term of seven years followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive in light of, among other things, his remorse and difficult childhood. This contention, however, is precluded by defendant's unchallenged appeal waiver, which the record establishes was knowing, voluntary and intelligent (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. Webb, 157 A.D.3d 1132, 1132, 69 N.Y.S.3d 442 [2018] ; People v. Dobbs, 157 A.D.3d 1122, 1123, 68 N.Y.S.3d 781 [2018] ; People v. Dorsey, 148 A.D.3d 1352, 1352, 48 N.Y.S.3d 628 [2017], lv denied 29 N.Y.3d 1031, 62 N.Y.S.3d 299, 84 N.E.3d 971 [2017] ).
ORDERED that the judgment is affirmed.
Garry, P.J., McCarthy, Egan Jr., Clark and Rumsey, JJ., concur.