PEOPLE v. ANDREWS (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Albany County (Andra Ackerman, J.), rendered October 23, 2023, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In July 2022, defendant waived indictment, agreed to be prosecuted by superior court information (hereinafter SCI) and pleaded guilty to criminal possession of a controlled substance in the third degree, in full satisfaction of the SCI and another pending charge.  Pursuant to the terms of the plea agreement, defendant was required to enter a waiver of appeal and no promise was made as to the sentence to be imposed.  County Court subsequently sentenced defendant, as a second felony offender, to a 10–year prison term, to be followed by three years of postrelease supervision.  Defendant appeals.

We affirm.  Defendant's sole contention on appeal is that this Court should reduce his sentence in the interest of justice;  however, his unchallenged waiver of the right to appeal precludes this claim (see People v. Hardy, ––– A.D.3d ––––, ––––, 242 N.Y.S.3d 431, 431 [3d Dept. 2025];  People v. Malu, 200 A.D.3d 1350, 1351, 158 N.Y.S.3d 414 [3d Dept. 2021];  see also People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006];  People v. Seaberg, 74 N.Y.2d 1, 8–10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989]).

ORDERED that the judgment is affirmed.

Clark, J.P., Aarons, Pritzker, Fisher and Powers, JJ., concur.