State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: July 31, 2014 105413
________________________________
THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
ROBERT J. FISHER,
Appellant.
________________________________
Calendar Date: June 9, 2014
Before: Lahtinen, J.P., Garry, Egan Jr., Devine and Clark, JJ.
__________
Ellen H. Fried, Cornwallville, for appellant.
P. David Soares, District Attorney, Albany (Steven M. Sharp
of counsel), for respondent.
__________
Appeal from a judgment of the Supreme Court (Breslin, J.),
rendered June 14, 2012 in Albany County, convicting defendant
upon his plea of guilty of the crime of attempted burglary in the
second degree.
In full satisfaction of a five-count indictment, defendant
pleaded guilty to attempted burglary in the second degree and
waived his right to appeal. He was thereafter sentenced,
pursuant to the plea agreement, to a prison term of seven years
to be followed by three years of postrelease supervision.
Defendant now appeals.
We affirm. Contrary to defendant's contention, our review
of the plea colloquy and the counseled written waiver executed by
defendant establish that he knowingly, intelligently and
voluntarily waived the right to appeal his conviction and
-2- 105413
sentence (see People v Frasier, 105 AD3d 1079, 1080 [2013], lv
denied 22 NY3d 1088 [2014]; People v Ferro, 101 AD3d 1243, 1244
[2012], lv denied 20 NY3d 1098 [2013]). Defendant's sole
remaining contention on appeal, that the sentence is harsh and
excessive, is precluded by his valid appeal waiver (see People v
Newton, 113 AD3d 1000, 1001 [2014]; People v Marshall, 108 AD3d
884, 884 [2013], lv denied 22 NY3d 957 [2013]).
Lahtinen, J.P., Garry, Egan Jr., Devine and Clark, JJ.,
concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court