Majority
p. 1168The People of the State of New York, Respondent, v Gary R. St. Mary, Appellant. [67 NYS3d 503]
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 22, 2016, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. County Court sentenced defendant, in accordance with the terms of the plea agreement, to a prison term of eight years followed by 2V2 years of postrelease supervision. Defendant appeals.
Defendant’s sole contention on appeal is that the sentence
p. 1169
imposed was harsh and excessive given, among other things, his remorse and acceptance of responsibility for the crime. However, defendant’s unchallenged appeal waiver precludes our review of this contention (see People v Lopez, 6 NY3d 248 , 256 [2006]; People v Haines, 154 AD3d 1017 , 1017 [2017]; People v Odom, 150 AD3d 1484 , 1485 [2017]).
McCarthy, J.P., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur.
Ordered that the judgment is affirmed.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1169
- People v. Odom 150 AD3d 1484 at 1485 p. 1169