PEOPLE v. BUCHANAN

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

The PEOPLE of the State of New York, Respondent, v. Alexander BUCHANAN, Appellant.

Decided: February 27, 1997

Before MIKOLL, J.P., and CASEY, YESAWICH, SPAIN and CARPINELLO, JJ. Eugene P. Devine, Public Defender (Jeanne M. Heran, of counsel), Albany, for appellant. Sol Greenberg, District Attorney (George H. Barber, of counsel), Albany, for respondent.

Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered July 6, 1995, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.

 Defendant pleaded guilty to the crime of attempted robbery in the second degree.   As part of the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of 11/212 to 41/212 years.   Defendant contends that his sentence was harsh and excessive in light of his continued participation in a substance abuse program and his steady employment since his release from prison.   Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent guilty plea, we find that this issue has not been preserved for appellate review (see, People v. Nardi, 232 A.D.2d 673, 648 N.Y.S.2d 60;  People v. Sullivan, 223 A.D.2d 893, 636 N.Y.S.2d 221).   Nevertheless, were we to consider this issue, we would find that the agreed-upon sentence was neither harsh nor excessive given the violent nature of defendant's crime.

Ordered that the judgment is affirmed.

MEMORANDUM DECISION.

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