PEOPLE v. MILLER

109981.

175 A.D.3d 1677 (2019)

106 N.Y.S.3d 636

2019 NY Slip Op 06652

The People of the State of New York, Respondent, v. Dewitt Miller, Appellant.

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

Decided September 19, 2019.


Attorney(s) appearing for the Case

Donnial K. Hinds , Albany, for appellant.

P. David Soares , District Attorney, Albany ( Christopher D. Horn of counsel), for respondent.

Garry, P.J., Egan, Jr., Mulvey, Devine and Aarons, JJ., concur.


Defendant waived indictment, pleaded guilty to a superior court information charging him with attempted robbery in the second degree and waived his right to appeal. Supreme Court sentenced him to 4½ years in prison, followed by three years of postrelease supervision. Defendant appeals.

We affirm. Defendant's sole contention on appeal is that the sentence imposed is harsh and excessive. Such claim is precluded, however, by defendant's unchallenged appeal waiver...

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