People v. Kusmirek, 109524

• Decision Date: 11 April 2019
• Docket Number: 109524
• Parties: The PEOPLE of the State of New York, Respondent, v. Tomasz KUSMIREK, Appellant.
• Court: New York Supreme Court — Appellate Division

171 A.D.3d 1311

95 N.Y.S.3d 912 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Tomasz KUSMIREK, Appellant.

109524

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: March 15, 2019

Decided and Entered: April 11, 2019

Michael C. Ross, Bloomingburg, for appellant.

James R. Farrell, District Attorney, Monticello (Brian P. Conaty of counsel), for respondent.

Before: Garry, P.J., Clark, Mulvey, Devine and Pritzker, JJ.

MEMORANDUM AND ORDER

After waiving indictment and agreeing to be prosecuted by a superior court information, defendant pleaded guilty to arson in the third degree and waived his right to appeal. Thereafter, County Court sentenced defendant, in accordance with the terms of the plea agreement, to a prison term of 3 to 9 years. Defendant appeals.

Defendant's sole contention on appeal is that the sentence is harsh and excessive given, among other things, his minimal criminal history and history of serious mental illness. This issue, however, is precluded by the unchallenged appeal waiver (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Steele, 168 A.D.3d 1276, 1276, 90 N.Y.S.3d 568 [2019] ; People v. Allen, 166 A.D.3d 1210, 1211, 85 N.Y.S.3d 803 [2018], lv denied 32 N.Y.3d 1201, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 WL 1199950 [Feb. 27, 2019] ; People v. Blackburn, 164 A.D.3d 960, 962, 82 N.Y.S.3d 242 [2018] ).

Garry, P.J., Clark, Mulvey, Devine and Pritzker, JJ., concur.

ORDERED that the judgment is affirmed.