State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: March 19, 2015 106143
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
MICHAEL D'ALBERTO,
Appellant.
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Calendar Date: January 20, 2015
Before: Lahtinen, J.P., Egan Jr., Lynch and Clark, 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.
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Appeal from a judgment of the County Court of Ulster County
(Williams, J.), rendered June 11, 2013, convicting defendant upon
his plea of guilty of the crime of burglary in the third degree
(two counts).
Defendant waived indictment and agreed to be charged in a
superior court information with two counts of burglary in the
third degree. He pleaded guilty to these crimes in satisfaction
of the superior court information, as well as other pending
charges, and also waived his right to appeal. Thereafter, he was
sentenced in accordance with the plea agreement to consecutive
terms of 2a to 7 years in prison. Defendant now appeals.
Defendant's sole contention is that his sentence is harsh
and excessive. He is, however, precluded from raising this claim
-2- 106143
by his valid waiver of the right to appeal (see People v Brady,
122 AD3d 1009, 1011 [2014]; People v Banks, 122 AD3d 953, 954
[2014]). Therefore, the judgment is affirmed.
Lahtinen, J.P., Egan Jr., Lynch and Clark, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court