People v. Jones

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered January 23, 2002, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

*687Pursuant to a plea agreement which included a waiver of the right to appeal, defendant pleaded guilty to the crime of burglary in the third degree and was sentenced as a second felony offender to a prison term of 3½ to 7 years. While defendant acknowledges that the waiver of his right to appeal precludes a challenge to the harshness of the sentence imposed (see People v Lemons, 6 AD3d 756 [2004]), on…