People v Landy

People v Landy 2013 NY Slip Op 08149 Decided on December 5, 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: December 5, 2013
104881

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

v

JEFFREY LANDY, Appellant.

Calendar Date: October 22, 2013
Before: Stein, J.P., Spain, Garry and Egan Jr., JJ.


Sandra M. Colatosti, Albany, for appellant.
P. David Soares, District Attorney, Albany
(Christopher J. Torelli of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered December 2, 2011 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted burglary in the second degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to five years in prison followed by five years of postrelease supervision. Defendant appeals. Defendant's sole claim on appeal, that the sentence imposed was harsh and excessive, is foreclosed by his valid waiver of the right to appeal his conviction and sentence (see People v Marshall, 108 AD3d 884, 884 [2013], lv denied ___ NY3d ___ [Oct. 30, 2013]; People v Seuffert, 104 AD3d 1021, 1022 [2013], lv denied 21 NY3d 1009 [2013]).

Stein, J.P., Spain, Garry and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.