Opinion
107381.
05-19-2016
The PEOPLE of the State of New York, Respondent, v. Sakai SCOTT, Also Known as Blue, Appellant.
Paul J. Connolly, Delmar, for appellant. P. David Soares, District Attorney, Albany (Brittany Grome of counsel), for respondent.
Paul J. Connolly, Delmar, for appellant.
P. David Soares, District Attorney, Albany (Brittany Grome of counsel), for respondent.
Before: LAHTINEN, J.P., McCARTHY, DEVINE, CLARK and MULVEY, JJ.
MULVEY, J.
Appeal from a judgment of the Supreme Court (Breslin, J.), rendered December 10, 2012 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of various drug-related charges against him, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and waived his right to appeal. Supreme Court thereafter sentenced defendant, in accordance with the negotiated plea agreement, to six years in prison to be followed by one year of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, based upon our review of the plea colloquy and in consideration of his counseled written waiver of appeal, defendant was adequately informed that the right to appeal was separate and distinct from the rights automatically forfeited by his guilty plea such that he knowingly, voluntarily and intelligently waived the right to appeal his conviction and sentence (see People v. O'Keefe, 133 A.D.3d 1034, 1034–1035, 19 N.Y.S.3d 196 [2015], lv. denied 26 N.Y.3d 1148, 32 N.Y.S.3d 62, 51 N.E.3d 573 [2016] ; People v. Oginski, 123 A.D.3d 1303, 1303, 996 N.Y.S.2d 799 [2014], lv. denied 26 N.Y.3d 970, 18 N.Y.S.3d 606, 40 N.E.3d 584 [2015] ). Further, given defendant's valid appeal waiver, he is precluded from challenging his sentence as harsh and excessive (see People v. Griffin, 134 A.D.3d 1228, 1231, 20 N.Y.S.3d 738 [2015] ; People v. Donah, 127 A.D.3d 1413, 1413, 5 N.Y.S.3d 736 [2015] ).
ORDERED that the judgment is affirmed.
LAHTINEN, J.P., McCARTHY, DEVINE and CLARK, JJ., concur.