People v Ball

People v Ball 2013 NY Slip Op 05243 Decided on July 11, 2013 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: July 11, 2013
104337

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

v

WILLIAM E. BALL, Appellant.

Calendar Date: June 6, 2013
Before: Peters, P.J., Lahtinen, Spain and Garry, JJ.


Lisa A. Burgess, Indian Lake, for appellant.
Kristy L. Sprague, District Attorney, Elizabethtown
(Christine N. Labbate of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered April 4, 2011, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree and tampering with evidence.

In satisfaction of a multiple-count indictment, defendant pleaded guilty to burglary in the third degree and tampering with evidence. As part of the plea agreement, he waived his right to appeal both orally and in writing. He was subsequently sentenced, in accordance with the terms of the plea agreement, to consecutive terms of imprisonment of 2 to 6 years on the burglary conviction and 1 to 3 years on the tampering conviction. Defendant now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. He is precluded, however, from raising this claim by his valid waiver of the right to appeal his conviction and sentence (see People v Foote, 102 AD3d 1056, 1057 [2013], lvs denied 20 NY3d 1098, 1102 [2013]; People v Ferro, 101 AD3d 1243, 1244 [2012], lv denied 20 NY3d 1098 [2013]). Therefore, we affirm the judgment of conviction.

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

ORDERED that the judgment is affirmed.