People v. Neiles

• Decision Date: 14 May 2015
• Citation: 2015 N.Y. Slip Op. 04171,7 N.Y.S.3d 913 (Mem),128 A.D.3d 1179
• Parties: The PEOPLE of the State of New York, Respondent, v. Jason NEILES, Appellant.
• Court: New York Supreme Court — Appellate Division

128 A.D.3d 1179

7 N.Y.S.3d 913 (Mem)

2015 N.Y. Slip Op. 04171

The PEOPLE of the State of New York, Respondent

v.Jason NEILES, Appellant.

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

May 14, 2015.

James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant.

P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), for respondent.

Opinion

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 26, 2012 in Albany County, (1) convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree, and (2) which revoked defendant's probation and imposed a sentence of imprisonment.

While on probation supervision, defendant became intoxicated and struck a male parking lot attendant. He subsequently waived indictment and was charged in a superior court information with attempted assault in the second degree. He pleaded guilty to this charge, admitted to violating his probation and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 2 to 4 years on the attempted assault charge and 1 to 3 years on the probation violation, to run consecutively. Defendant appeals.

Defendant's sole challenge is to the severity of the sentence. He is, however, precluded from raising this claim by his valid waiver of the right to appeal (see People v. Balbuena, 123 A.D.3d 1384, 1386, 999 N.Y.S.2d 600 [2014] ; People v. Alexander, 123 A.D.3d 1340, 1341, 997 N.Y.S.2d 846 [2014] ). Therefore, the judgment is affirmed.

ORDERED that the judgment is affirmed.

LAHTINEN, J.P., GARRY, DEVINE and CLARK, JJ., concur.