People v Gause |
2018 NY Slip Op 00492 [157 AD3d 1167] |
January 25, 2018 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Wayne J. Gause, Appellant. |
Adam H. Van Buskirk, Chateaugay, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Appeal from a judgment of the County Court of Schenectady County (Murphy, J.), rendered March 2, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
Defendant waived indictment and agreed to be prosecuted pursuant to a superior court
information charging him with one count of attempted criminal possession of a controlled
substance in the third degree. A plea agreement was reached, pursuant to the terms of which
defendant agreed to plead guilty to the superior court information with the understanding that he
would be sentenced to a prison term of four years followed by a period of postrelease supervision
ranging from 1
Upon appeal, defendant argues only that the sentence imposed is harsh and excessive. In light of defendant's unchallenged waiver of the right to appeal, however, we are precluded from reviewing this issue (see People v Fairweather, 147 AD3d 1153, 1154 [2017], lv denied 29 NY3d 1031 [2017]; People v Perkins, 140 AD3d 1401, 1403 [2016], lv denied 28 NY3d 1126 [2016]; People v Smalls, 128 AD3d 1281, 1282 [2015], lv denied 27 NY3d 1006 [2016]). Accordingly, the judgment of conviction is affirmed.
Garry, P.J., Egan Jr., Devine, Aarons and Rumsey, JJ., concur. Ordered that the judgment is affirmed.