People v. Maynard

Appeal from a *1198judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered April 1, 2008. The judgment convicted defendant, upon his plea of guilty, of attempted arson in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted arson in the third degree (Penal Law §§ 110.00, 150.10 [1]). The waiver by defendant of the right to appeal does not encompass his contention that Supreme Court erred in enhancing the sentence without affording him…