GARRY
Paul J. Connolly, Delmar, for appellant. James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent.
Before: LAHTINEN, J.P., STEIN, GARRY and ROSE, JJ.
GARRY, J.
Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered June 14, 2010, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
In full satisfaction of a six-count indictment, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. Defendant was thereafter sentenced, pursuant to the plea agreement, to a term of imprisonment of two years to be followed by three years of postrelease supervision. Defendant appeals and we affirm.
Defendant's challenge to the validity of his waiver of the right to appeal is unpersuasive. Our review of the plea colloquy and the written waiver executed by defendant reveals that he was apprised of and clearly understood the rights that he was forfeiting, including the right to appeal his sentence ( see People v. Sylvan, 107 A.D.3d 1044, 1045, 968 N.Y.S.2d 628 [2013];People v. Benson, 100 A.D.3d 1108, 1108, 953 N.Y.S.2d 380 [2012] ). Accordingly, we conclude that defendant knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence. Defendant's sole remaining contention on appeal, that the sentence imposed was harsh and excessive, is precluded by his valid appeal waiver ( see People v. Marshall, 108 A.D.3d 884, 884, 968 N.Y.S.2d 409 [2013],lv. denied22 N.Y.3d 957, 977 N.Y.S.2d 188, 999 N.E.2d 553 [2013];People v. Ferro, 101 A.D.3d 1243, 1244, 956 N.Y.S.2d 225 [2012],lv. denied20 N.Y.3d 1098, 965 N.Y.S.2d 794, 988 N.E.2d 532 [2013] ).
ORDERED that the judgment is affirmed. LAHTINEN, J.P., STEIN and ROSE, JJ., concur.