PEOPLE v. HARDY (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Broome County (Joseph Cawley, J.), rendered January 27, 2023, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.

In satisfaction of a superior court information, defendant pleaded guilty to attempted criminal possession of a weapon in the second degree and agreed to waive his right to appeal.  In accordance with the plea agreement, County Court sentenced defendant, as a second violent felony offender, to a prison term of five years, to be followed by five years of postrelease supervision.  Defendant appeals.

Defendant's sole contention on appeal is that the sentence imposed is unduly harsh and severe given various alleged mitigating factors.  Defendant's request that we reduce his sentence in the interest of justice is foreclosed, however, by his unchallenged waiver of his right to appeal (see People v. Drennen, 236 A.D.3d 1245, 1247, 230 N.Y.S.3d 452 [3d Dept. 2025], lv denied 43 N.Y.3d 1045, 236 N.Y.S.3d 620, 263 N.E.3d 878 [2025];  People v. Kozik, 235 A.D.3d 1065, 1066, 226 N.Y.S.3d 689 [3d Dept. 2025], lv denied 43 N.Y.3d 964, 232 N.Y.S.3d 430, 258 N.E.3d 1203 [2025];  People v. Brown, 197 A.D.3d 1440, 1440, 151 N.Y.S.3d 657 [3d Dept. 2021]).

ORDERED that the judgment is affirmed.

Clark, J.P., Aarons, Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.