THE PEOPLE OF THE STATE OF NEW YORK v TREVOR J. SISTO

Calendar Date: April 25, 2018Before: Garry, P.J., Lynch, Clark, Aarons and Rumsey, JJ.__________Thomas F. Garner, Middleburgh, for appellant.Kristy L. Sprague, District Attorney, Elizabethtown (JamesE. Martineau Jr. of counsel), for respondent.__________Aarons, J.Appeal from a judgment of the County Court of Essex County(Meyer, J.), rendered March 5, 2015, convicting defendant uponhis plea of guilty of the crimes of assault in the first degree(three counts), attempted assault in the first degree, recklessdriving (two counts) and reckless endangerment in the seconddegree and the violation of leaving the scene of an incidentwithout reporting (two counts).In satisfaction of a 60-count indictment, defendant pleadedguilty to attempted assault in the first degree and three countsof assault in the first degree, as well as various misdemeanorsand traffic violations, and waived his right to appeal. He wassentenced, in accordance with the terms of the plea agreement, toan aggregate prison term of 35 years followed by a period ofpostrelease supervision. Defendant appeals.Defendant’s challenges to the sufficiency and voluntarinessof the plea are unpreserved for our review as the record does notreflect that he made an appropriate postallocution motion (seePeople v Leach, 26 NY3d 1154, 1154 [2016]; People v Shillabeer,154 AD3d 1017, 1018 [2017]; People v Adams, 153 AD3d 1449, 1450[2017]; People v Butler, 134 AD3d 1349, 1350 [2015], lvs denied27 NY3d 962, 963 [2017]). Further, a review of the plea colloquyfails to establish any basis to warrant the application of thenarrow exception to the preservation requirement (see People vLouree, 8 NY3d 541, 545 [2007]; People v Wallace, 150 AD3d 1551,1552 [2017]; People v Butler, 134 AD3d at 1350). To the extentthat defendant challenges the severity of the agreed-uponsentence, it is precluded by the unchallenged waiver of the rightto appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People vSt. Mary, 157 AD3d 1168, 1169 [2018], lv denied 31 NY3d 986[2018]).Garry, P.J., Lynch, Clark and Rumsey, JJ., concur.ORDERED that the judgment is affirmed.ENTER:Robert D. MaybergerClerk of the Court