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The People of the State of v. Barton L. Schanz

State of New York Supreme Court, Appellate Division Third Judicial Department


March 17, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
BARTON L. SCHANZ, APPELLANT.

Appeal from a judgment of the County Court of Schoharie County (Bartlett III, J.), rendered February 10, 2010, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and criminal possession of a weapon in the third degree.

The opinion of the court was delivered by: Kavanagh, J.

MEMORANDUM AND ORDER

Calendar Date: February 15, 2011

Before: Mercure, J.P., Peters, Malone Jr., Kavanagh and Stein, JJ.

Defendant waived indictment and, in satisfaction of a superior court information, pleaded guilty to burglary in the second degree and criminal possession of a weapon in the third degree. Pursuant to the plea agreement, defendant waived his right to appeal and was sentenced to six years in prison, to be followed by five years of postrelease supervision, and he was required to pay restitution. Defendant now appeals.

Defendant's sole contention on appeal is that his sentence is harsh and excessive. In light of his valid waiver of the right to appeal, however, he is precluded from making this claim (see People v Stoff, 74 AD3d 1640, 1641 [2010], lv denied 15 NY3d 810 [2010]; People v Thomas, 71 AD3d 1231, 1233 [2010], lv denied 14 NY3d 893 [2010]). Accordingly, the judgment is affirmed.

Mercure, J.P., Peters, Malone Jr. and Stein, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20110317

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