PEOPLE v. COCHRANE (2024)

MEMORANDUM AND ORDER

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.¹  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.

ORDERED that the judgment is affirmed.

FOOTNOTES

1.   The sentence imposed was authorized for this class D felony sex offense (see Penal Law §§ 60.13, 70.45[2–a][a];  70.80[1][a];  [4][iii];  110.00, 110.05[5];  130.91[1], [2];  263.05).

Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur.