People v. Fogarty

Crew III, J.P.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 13, 2004, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

In accordance with a negotiated plea agreement, defendant *958pleaded guilty to attempted burglary in the second degree in satisfaction of an indictment that charged him with burglary in the second degree and petit larceny. Defendant waived his right to appeal and thereafter was sentenced to a four-year term of imprisonment with two years of postrelease supervision. Defendant now…