Opinion
106594
05-28-2015
The PEOPLE of the State of New York, Respondent, v. Adam M. PETELL, Appellant.
Lisa A. Burgess, Indian Lake, for appellant. Glenn MacNeill, Acting District Attorney, Malone, for respondent.
Lisa A. Burgess, Indian Lake, for appellant.
Glenn MacNeill, Acting District Attorney, Malone, for respondent.
Before: PETERS, P.J., GARRY, EGAN JR. and LYNCH, JJ.
Opinion
LYNCH, J.Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered November 13, 2013, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fourth degree (two counts).
In satisfaction of a four-count indictment, a pending charge of violating probation and other pending charges, defendant pleaded guilty to two counts of criminal sale of a controlled substance in the fourth degree and waived his right to appeal. County Court sentenced defendant, as a second felony offender, to concurrent prison terms of 2 ½ years, followed by three years of postrelease supervision, ordered restitution and imposed a $1,000 fine for each offense. Defendant appeals.
Contrary to defendant's contention, the record establishes that County Court separately addressed and explained the rights encompassed by the appeal waiver and then elicited from defendant that he understood and agreed to waive his right to appeal his conviction and sentence (see People v. Edie, 100 A.D.3d 1262, 1262, 954 N.Y.S.2d 683 [2012] ). As such, we find that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v. Santana, 95 A.D.3d 1503, 1503, 944 N.Y.S.2d 406 [2012] ). Furthermore, as the record reflects that defendant was informed during the plea colloquy that a fine up to $5,000 could be imposed as part of the sentence, the valid appeal waiver precludes defendant's challenge to the severity of the fine imposed (see People v. Campo, 125 A.D.3d 1058, 1059, 999 N.Y.S.2d 774 [2015] ; People v. Oginski, 123 A.D.3d 1303, 1303, 996 N.Y.S.2d 799 [2014] ; see also People v. Anderson, 99 A.D.3d 1034, 1035, 952 N.Y.S.2d 305 [2012], lv. denied 20 N.Y.3d 1009, 960 N.Y.S.2d 352, 984 N.E.2d 327 [2013] ).
ORDERED that the judgment is affirmed.
PETERS, P.J., GARRY and EGAN JR., JJ., concur.