| People v St. Mary |
| 2018 NY Slip Op 00493 [157 AD3d 1168] |
| 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 Gary R. St. Mary, Appellant. |
Adam H. Van Buskirk, Chateaugay, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 22, 2016, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the second
degree and waived his right to appeal. County Court sentenced defendant, in accordance with the
terms of the plea agreement, to a prison term of eight years followed by 2
Defendant's sole contention on appeal is that the sentence imposed was harsh and excessive given, among other things, his remorse and acceptance of responsibility for the crime. However, defendant's unchallenged appeal waiver precludes our review of this contention (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Haines, 154 AD3d 1017, 1017 [2017]; People v Odom, 150 AD3d 1484, 1485 [2017]).
McCarthy, J.P., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur. Ordered that the judgment is affirmed.