Opinion
108889
11-08-2018
The PEOPLE of the State of New York, Respondent, v. Miles LATIMER, Appellant.
Adam W. Toraya, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Adam W. Toraya, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Lynch, Mulvey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Schenectady County (Murphy, J.), rendered October 5, 2015, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and criminal possession of a weapon in the third degree.
In full satisfaction of a four-count indictment, defendant pleaded guilty to burglary in the second degree and criminal possession of a weapon in the third degree and waived the right to appeal. County Court sentenced defendant to an aggregate prison term of four years, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to his contention, we find that defendant validly waived the right to appeal. The plea colloquy reflects that County Court distinguished the right to appeal as separate and distinct from the trial-related rights that defendant was forfeiting by pleading guilty (see People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Royal , 161 A.D.3d 1217, 1218, 77 N.Y.S.3d 181 [2018], lv denied 32 N.Y.3d 1007, 86 N.Y.S.3d 766, 111 N.E.3d 1122, 2018 WL 4941021 [Sept. 12, 2018] ). Defendant also executed a written waiver after affirming that he had discussed the waiver with counsel and understood its terms (see People v. Sharpe , 159 A.D.3d 1192, 1193, 72 N.Y.S.3d 648 [2018], lv denied 31 N.Y.3d 1121, 81 N.Y.S.3d 381, 106 N.E.3d 764 [2018] ; People v. Hall , 147 AD3d 1151, 1151 [2017], lv denied 29 N.Y.3d 1080, 64 N.Y.S.3d 170, 86 N.E.3d 257 [2017] ). In light of defendant's valid appeal waiver, his challenge to the sentence as harsh and excessive is precluded (see People v. Lopez , 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Toledo , 144 AD3d 1332, 1333 [2016], lv denied 29 N.Y.3d 1001, 57 N.Y.S.3d 723, 80 N.E.3d 416 [2017] ).
McCarthy, J.P., Egan Jr., Lynch, Mulvey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.