MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Broome County (Carol A. Cocchiola, J.), rendered October 4, 2022, convicting defendant upon his plea of guilty of the crime of attempted use of a child in a sexual performance as a sexually motivated felony.
In satisfaction of a nine-count indictment, defendant pleaded guilty to attempted use of a child in a sexual performance as a sexually motivated felony in exchange for a sentencing cap of three years to be followed by six years of postrelease supervision. The plea agreement required a waiver of appeal. County Court thereafter sentenced defendant to a prison term of three years followed by six years of postrelease supervision. Defendant appeals. Defendants sole challenge on appeal is to the perceived severity of the lawful sentence imposed.
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That argument, however, is precluded by his unchallenged oral and written waiver of appeal (see People v. Lopez, 6 NY3d 248, 256 [2006]; People v Stevens, 220 AD3d 984, 986 [3d Dept 2023]). Therefore, the judgment is affirmed.
ORDERED that the judgment is affirmed.
FOOTNOTES
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. The sentence imposed was authorized for this class D felony sex offense (see Penal Law §§ 60.13, 70.45[2–a][a]; 70.80[1][a]; [4][iii]; 110.00, 110.05[5]; 130.91[1], [2]; 263.05).
Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur.