| People v Stark |
| 2008 NY Slip Op 02052 [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 Jeremy Stark, Appellant. |
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P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for
respondent.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered August 28, 2007, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the fourth degree.
Waiving his right to appeal, defendant pleaded guilty to attempted criminal sale of a controlled substance in the fourth degree and was sentenced to 2½ years in prison with one year of postrelease supervision. Defendant now appeals.
Defendant's appeal waiver precludes his challenges to both the severity of his sentence (see People v Graham, 35 AD3d 1039, 1040 [2006], lv denied 8 NY3d 922 [2007]) as well as the denial of youthful offender treatment (see People v Baldwin, 36 AD3d 1024, 1025 [2007]). Accordingly, the judgment is affirmed.
Cardona, P.J., Peters, Spain, Kane and Kavanagh, JJ., conur. Ordered that the judgment is affirmed.