| People v Patterson |
| 2018 NY Slip Op 06291 [164 AD3d 1568] |
| September 27, 2018 |
| 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 James Patterson, Appellant. |
Janet K. Kealy, Hudson, for appellant.
Barbara D. Underwood, Attorney General, New York City (Jodi A. Danzig of counsel), for respondent.
Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered November 13, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
In March 2015, a grand jury handed up a sealed 77-count indictment in connection with an
alleged conspiracy to sell narcotics in Albany County and various other locations within and
without the state. Defendant was charged in 11 of those counts with conspiracy in the second
degree, criminal possession of a controlled substance in the third degree (eight counts) and
criminal sale of a controlled substance in the third degree (two counts). In full satisfaction of that
indictment, defendant ultimately agreed to plead guilty to the reduced charge of one count of
attempted criminal sale of a controlled substance in the third degree with the understanding that
he would be sentenced as a second felony offender to a prison term of 1
Given defendant's unchallenged and concededly valid appeal waiver, his sole argument upon appeal—that the agreed-upon sentence imposed is harsh and excessive—is precluded (see People v Bennett, 159 AD3d 1189, 1189 [2018], lv denied 31 NY3d 1145 [2018]; People v Haines, 154 AD3d 1017, 1017 [2017]; People v Martin, 125 AD3d 1054, 1055 [2015], lv denied 26 NY3d 932 [2015]). Accordingly, the judgment of conviction is affirmed.
Egan Jr., J.P., Devine, Clark, Mulvey and Pritzker, JJ., concur. Ordered that the judgment is affirmed.