Opinion
No. 112453
07-21-2022
The People of the State of New York, Respondent, v. Ryan J. Grimshaw, Appellant.
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant. Gary M. Pasqua, District Attorney, Canton (Michael Abbruzzese of counsel), for respondent.
Calendar Date: June 17, 2022
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Michael Abbruzzese of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Aarons, JJ.
Appeal from a judgment of the County Court of St. Lawrence County (Richey, J.), rendered June 22, 2020, convicting defendant upon his plea of guilty of the crime of unlawful manufacturing of methamphetamine in the second degree.
Defendant pleaded guilty to a superior court information charging him with unlawful manufacturing of methamphetamine in the second degree and agreed to waive his right to appeal. After defendant's application to participate in the judicial diversion program was denied, County Court, consistent with the terms of the plea agreement, sentenced defendant, as a second felony drug offender, to a prison term of six years followed by three years of postrelease supervision, to run consecutively to any time remaining on a previously-imposed sentence. Defendant appeals.
Defendant's contention that the waiver of his right to appeal is invalid is without merit. The record reflects that County Court informed defendant that his right to appeal was separate and distinct from the rights automatically forfeited by his guilty plea and that certain enumerated rights were not being waived, which defendant acknowledged he understood. Defendant also executed a detailed written appeal waiver that specifically identified various appellate rights that were being waived and those that defendant retained. Defendant confirmed that he had read and discussed with counsel the written waiver, understood it, had no questions and was voluntarily waiving his right to appeal. In view of the foregoing, we find that the record reflects that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v Champion-Barse, 201 A.D.3d 1255, 1255 [2022]; People v Quinones, 160 A.D.3d 1304, 1305 [2018], lv denied 31 N.Y.3d 1152 [2018]). As such, defendant's challenge to the sentence as harsh and excessive is foreclosed by the valid appeal waiver (see People v Rollins, 203 A.D.3d 1386, 1387 [2022]; People v Nack, 200 A.D.3d 1197, 1199 [2021], lv denied 38 A.D.3d 1009 [2022]).
Garry, P.J., Egan Jr., Lynch, Clark and Aarons, JJ., concur.
ORDERED that the judgment is affirmed.