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THE PEOPLE OF THE STATE OF NEW YORK v DANIEL CAMPBELL, Also Known as SOLIDER

THE PEOPLE OF THE STATE OF NEW YORK v DANIEL CAMPBELL, Also Known asSOLIDER

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Calendar Date: April 3, 2018Before: McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ.__________Dana L. Salazar, East Greenbush, for appellant.Joel E. Abelove, District Attorney, Troy (Kathryn M. Morylof counsel), for respondent.__________Appeal from a judgment of the County Court of RensselaerCounty (Young, J.), rendered March 22, 2013, convicting defendantupon his plea of guilty of the crime of attempted criminal saleof a controlled substance in the third degree.County Court (Jacon, J.) conducted a colloquy withdefendant in which he pleaded guilty to attempted criminal saleof a controlled substance in the third degree. County Court(Young, J.) thereafter sentenced him, as a second felonyoffender, to the agreed-upon sentence of four years in prison, tobe followed by two years of postrelease supervision, the sentenceto be served under parole supervision pursuant to CPL 410.91.Defendant appeals.We affirm. The People initially concede, and we agree,that the waiver of the right to appeal — consisting of a sparsewritten waiver executed at sentencing that was not referencedduring the plea colloquy — was not valid (see People v Thompson,157 AD3d 1141, 1141-1142 [2018]; People v Ties, 132 AD3d 558, 558[2015]). We accordingly address defendant’s remainingcontention, that his sentence is harsh and excessive, and findneither an abuse of discretion nor the existence of anyextraordinary circumstances warranting a reduction of the agreed-upon sentence in the interest of justice (see People v Ortiz, 153AD3d 1049, 1049 [2017]; People v Harris, 150 AD3d 1337, 1337-1338[2017]).McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ.,concur.ORDERED that the judgment is affirmed.ENTER:Robert D. MaybergerClerk of the Court

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