People v Marrero

People v Marrero 2015 NY Slip Op 04351 Decided on May 21, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: May 21, 2015
106185

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

JORGE MARRERO, Appellant.

Calendar Date: March 31, 2015
Before: Peters, P.J., Lahtinen, Garry and Rose, JJ.

Andrew Kossover, Public Defender, Kingston (Michael K. Gould of counsel), for appellant.

D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered August 15, 2013, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant was charged in an indictment with numerous crimes following an incident in which he shot his girlfriend in the face at close range causing her serious injuries and rendering her blind in both eyes. In full satisfaction of the indictment, he pleaded guilty to assault in the first degree and waived his right to appeal. In accord with the plea agreement, he was sentenced to 18 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant's sole claim is that his sentence is harsh and excessive. However, given defendant's valid waiver of the right to appeal, we are precluded from considering it (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 125 AD3d 1049, 1049 [2015]). We therefore affirm the judgment of conviction.

Peters, P.J., Lahtinen, Garry and Rose, JJ., concur.

ORDERED that the judgment is affirmed.