Opinion
2012-01-24
The PEOPLE, etc., respondent, v. Russell CHARLES, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered January 18, 2011, *912 convicting him of grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Where a defendant knowingly, voluntarily, and intelligently waives the right to appeal as part of a plea agreement, the waiver will be upheld ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754; cf. People v. Bradshaw, 18 N.Y.3d 257, ––– N.Y.S.2d ––––, ––– N.E.2d ––––). Here, the defendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of the claim he seeks to raise ( see People v. Hershko, 88 A.D.3d 1013, 1013, 931 N.Y.S.2d 884; People v. Walters, 84 A.D.3d 984, 984, 921 N.Y.S.2d 888; People v. Watt, 82 A.D.3d 912, 912, 918 N.Y.S.2d 347).