Appellate Division of the Supreme Court of New York, 1998

People v. Mattson

Appellate Division of the Supreme Court of New York · Decided December 10, 1998

256 A.D.2d 717; 682 N.Y.S.2d 693; 1998 N.Y. App. Div. LEXIS 13353

Cases that cite this one

1 later published case cites this decision.

People v. Kwiatkowski (Appellate Division of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 12, 1997, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant pleaded guilty to the crime of attempted burglary *718in the second degree as the result of his participation in the burglary of a home in the Town of Colonie, Albany County. Pursuant to his plea agreement, defendant waived his right to appeal and was sentenced to an indeterminate term of 41 to 82 months in prison. Defendant now argues that this sentence was harsh and excessive in light of his potential for rehabilitation. Because defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve this issue for our review (see, People v Buchanan, 236 AD2d 741, lv denied 89 NY2d 1032). Were we to reach this issue, we would find it meritless given defendant’s prior criminal history and the fact that he received the bargained-for sentence, which was consistent with the relevant statutory requirements.

Mercure, J. P., Crew III, White, Yesawich Jr. and Graffeo, JJ., concur. Ordered that the judgment is affirmed.

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