People v. Conley — 19 A.D.3d 809

Majority

p. 809

The People of the State of New York, Respondent, v Reno A. Conley, Also Known as Nevada, Appellant.

[796 NYS2d 563]

Appeal from a judgment of the County Court of Albany of Albany

p. 810

County (Herrick, J.), rendered September 25, 2003, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant was charged in an indictment with two counts of criminal sale of a controlled substance in the third degree. He pleaded guilty to one count of criminal sale of a controlled substance in the third degree in full satisfaction of the indictment and waived his right to appeal. Under the terms of the plea agreement, defendant was to receive a prison sentence of 6V2 to 13 years to run concurrently with any other sentence he was then serving. Thereafter, he was sentenced as a predicate felon in accordance with the plea agreement.

Defendant’s primary contention on appeal is that the sentence is harsh and excessive. However, inasmuch as the record discloses that defendant entered a knowing, voluntary and intelligent guilty plea and waiver of the right to appeal, we decline to address his claim (see People v Clow, 10 AD3d 803 , 804 [2004]). Accordingly, the judgment must be affirmed.

Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

Cases cited

People v. Clow 10 AD3d 803 N.Y. App. Div. 2004-09-30 at 804 p. 810