| People v Cochrane |
| 2024 NY Slip Op 03208 [228 AD3d 1082] |
| June 13, 2024 |
| 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 Kevin C. Cochrane, Appellant. |
Michael T. Baker, Public Defender, Binghamton (Marshall C. Read of counsel), for appellant.
F. Paul Battisti, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Appeal from a judgment of the County Court of Broome County (Carol A. Cocchiola, J.), rendered October 4, 2022, convicting defendant upon his plea of guilty of the crime of attempted use of a child in a sexual performance as a sexually motivated felony.
In satisfaction of a nine-count indictment, defendant pleaded guilty to attempted use of a child in a sexual performance as a sexually motivated felony in exchange for a sentencing cap of three years to be followed by six years of postrelease supervision. The plea agreement required a waiver of appeal. County Court thereafter sentenced defendant to a prison term of three years followed by six years of postrelease supervision. Defendant appeals.
Defendant's sole challenge on appeal is to the perceived severity of the lawful sentence imposed.[FN*] That argument, however, is precluded by his unchallenged oral and written waiver of appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Stevens, 220 AD3d 984, 986 [3d Dept 2023]). Therefore, the judgment is affirmed.
Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur. Ordered that the judgment is affirmed.