| People v Spangenberg |
| 2008 NY Slip Op 02051 [49 AD3d 969] |
| March 13, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Robert Spangenberg, Appellant. |
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Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for
respondent.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered January 5, 2007, convicting defendant upon his plea of guilty of the crime of criminal possession of marihuana in the first degree.
Defendant pleaded guilty to criminal possession of marihuana in the first degree and was sentenced to five years in prison with three years of postrelease supervision. Defendant's sole contention on this appeal is that the sentence imposed is harsh and excessive. He is precluded, however, from raising this issue inasmuch as he made a knowing, voluntary and intelligent waiver of the right to appeal, both orally and in writing (see People v Lopez, 6 NY3d 248, 255-256 [2006]).
Cardona, P.J., Mercure, Carpinello, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.