Opinion
108702
04-19-2018
The PEOPLE of the State of New York, Respondent, v. Gerald L. DISSOTTLE Sr., Appellant.
Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant. Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Before: Devine, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of St. Lawrence County (Champagne, J.), rendered July 18, 2016, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
In satisfaction of a two-count indictment and other uncharged conduct, defendant pleaded guilty to the reduced charge of attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. He was sentenced as a second felony offender to an agreed-upon prison term of four years followed by two years of postrelease supervision. Defendant appeals.
We are unpersuaded by defendant's contention that he did not knowingly, voluntarily and intelligently waive his right to appeal. County Court explained the meaning of the waiver of the right to appeal, noting that it was separate and apart from those rights automatically forfeited by the guilty plea, and elicited from defendant that he understood. Defendant then reviewed a detailed written waiver with counsel and executed it in open court, after which he unequivocally confirmed his understanding thereof (see People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Welden, 156 A.D.3d 1241, 1241, 65 N.Y.S.3d 814 [2017] ). Thus, the appeal waiver is valid and defendant is precluded from challenging the severity of the agreed-upon sentence (see People v. Brown, 156 A.D.3d 1248, 1248, 65 N.Y.S.3d 811 [2017], lv denied 31 N.Y.3d 981, –––N.Y.S.3d ––––, ––– N.E.3d ––––, 2018 WL 1730560 [Mar. 27, 2018] ; People v. Brothers, 155 A.D.3d 1257, 1258, 63 N.Y.S.3d 907 [2017] ).
ORDERED that the judgment is affirmed.
Devine, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ., concur.