Opinion
109494
03-07-2019
The PEOPLE of the State of New York, Respondent, v. Michael FEDDERMAN, Appellant.
Cliff Gordon, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Kristin L. Hackett of counsel), for respondent.
Cliff Gordon, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Kristin L. Hackett of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to assault in the second degree (two counts) and endangering the welfare of an incompetent or physically disabled person in the first degree, with the understanding that he would be sentenced to a prison term of no less than three years and no more than 13 years, to be followed by five years of postrelease supervision, and he waived the right to appeal. County Court thereafter sentenced him, as a second felony offender, to consecutive sentences of five years in prison on each assault conviction, to be followed by five years of postrelease supervision, and 2 to 4 years in prison for the endangering conviction, with that sentence to run concurrently with the sentences imposed on the assault convictions. Defendant appeals.
We affirm. We reject defendant's claim that his waiver of the right to appeal was invalid. County Court explained the nature of the waiver and that the right to appeal was separate and distinct from the rights automatically forfeited by a guilty plea, and defendant affirmed his understanding thereof (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Dobbs, 157 A.D.3d 1122, 1122, 68 N.Y.S.3d 781 [2018], lv denied 31 N.Y.3d 983, 77 N.Y.S.3d 661, 102 N.E.3d 438 [2018] ). Defendant also executed a written waiver that described the scope of the appellate rights being waived and included defendant's acknowledgment that he had sufficient time to discuss the waiver with counsel. Under these circumstances, we conclude that defendant knowingly, intelligently and voluntarily waived the right to appeal (see People v. Strack, 166 A.D.3d 1171, 1172, 86 N.Y.S.3d 342 [2018] ; People v. Hopper, 153 A.D.3d 1045, 1046, 61 N.Y.S.3d 176 [2017], lv denied 30 N.Y.3d 1061, 71 N.Y.S.3d 11, 94 N.E.3d 493 [2017] ). Accordingly, defendant's challenge to the severity of his sentence is precluded (see People v. Nieves, 163 A.D.3d 1359, 1360, 77 N.Y.S.3d 908 [2018], lv denied 32 N.Y.3d 1006, 86 N.Y.S.3d 765, 111 N.E.3d 1121 [2018] ; People v. Ward, 161 A.D.3d 1488, 1488, 74 N.Y.S.3d 775 [2018], lv denied 32 N.Y.3d 942, 84 N.Y.S.3d 869, 109 N.E.3d 1169 [2018] ).
Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur.
ORDERED that the judgment is affirmed.