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People v. Ball

Supreme Court of New York, Third Department

July 11, 2013

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
WILLIAM E. BALL, Appellant.

Calendar Date: June 6, 2013

Lisa A. Burgess, Indian Lake, for appellant.

Kristy L. Sprague, District Attorney, Elizabethtown (Christine N. Labbate of counsel), for respondent.

Before: Peters, P.J., Lahtinen, Spain and Garry, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered April 4, 2011, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree and tampering with evidence.

In satisfaction of a multiple-count indictment, defendant pleaded guilty to burglary in the third degree and tampering with evidence. As part of the plea agreement, he waived his right to appeal both orally and in writing. He was subsequently sentenced, in accordance with the terms of the plea agreement, to consecutive terms of imprisonment of 2 to 6 years on the burglary conviction and 1 to 3 years on the tampering conviction. Defendant now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. He is precluded, however, from raising this claim by his valid waiver of the right to appeal his conviction and sentence (see People v Foote, 102 A.D.3d 1056, 1057 [2013], lvs denied 20 N.Y.3d 1098, 1102 [2013]; People v Ferro, 101 A.D.3d 1243, 1244 [2012], lv denied 20 N.Y.3d 1098 [2013]). Therefore, we affirm the judgment of conviction.

Peters, P.J., Lahtinen, Spain and Garry, JJ., concur.

ORDERED that the judgment is affirmed.


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