Opinion
109713
03-14-2019
The PEOPLE of the State of New York, Respondent, v. Dahmir BETHEA, Appellant.
Donnial K. Hinds, Albany, for appellant. James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), for respondent.
Donnial K. Hinds, Albany, for appellant.
James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), for respondent.
Before: Lynch, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered July 17, 2017, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and waived the right to appeal. County Court thereafter sentenced him to 10 years in prison, to be followed by five years of postrelease supervision. Defendant appeals.
We affirm. Contrary to defendant's contention, his waiver of the right to appeal was valid. Defendant was advised that an appeal waiver was a condition of the plea agreement and County Court adequately separated the right to appeal from the rights forfeited by a guilty plea. The court also confirmed that defendant had discussed the waiver with counsel and understood its ramifications. Additionally, defendant and his counsel executed a detailed written waiver that described the scope of the appellate rights waived and included an acknowledgment that defendant was voluntarily relinquishing those rights. Under these circumstances, we conclude that defendant's waiver of the right to appeal was knowing, intelligent and voluntary (see People v. Gilliam, 162 A.D.3d 1413, 1414, 79 N.Y.S.3d 754 [2018], lv denied 32 N.Y.3d 1064, 89 N.Y.S.3d 119, 113 N.E.3d 953 [2018] ; People v. Dissottle, 160 A.D.3d 1219, 1219, 71 N.Y.S.3d 914 [2018], lv denied 31 N.Y.3d 1146, 83 N.Y.S.3d 428, 108 N.E.3d 502 [2018] ). Defendant's valid appeal waiver precludes his challenge to the severity of the sentence (see People v. Jawan, 165 A.D.3d 1350, 1351, 82 N.Y.S.3d 905 [2018], lv denied 32 N.Y.3d 1173, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2019] ; People v. Haverly, 161 A.D.3d 1483, 1484, 74 N.Y.S.3d 774 [2018], lv denied 32 N.Y.3d 938, 84 N.Y.S.3d 864, 109 N.E.3d 1164 [2018] ).
Lynch, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.