Opinion
April 29, 1993
Appeal from the County Court of Montgomery County (Aison, J.).
Contrary to defendant's contentions, a review of the record reveals that defendant knowingly, voluntarily and intelligently waived his right to appeal. County Court fully advised defendant of the terms of the plea bargain and the consequences of the plea, including that he was waiving his right to appeal. He acknowledged his acceptance of the plea and his understanding that he was waiving his right to appeal (see, People v Li Castro, 179 A.D.2d 890, lv denied 79 N.Y.2d 1003; People v Brown, 160 A.D.2d 1039). Thus, the waiver is fully enforceable and precludes appellate review (see, People v Marziale, 182 A.D.2d 1035, lv denied 80 N.Y.2d 835).
Defendant further argues that the waiver was invalid because he was pressured to accept the plea bargain based on the Trial Judge's refusal to recuse himself. He claims that he was forced to either accept the plea or face a trial before that Judge. This claim is in essence a challenge to the voluntariness of the plea itself. There is, however, no evidence that the plea was coerced. Defendant acknowledged that he had enough time to consider the terms of the plea, that he had consulted with his attorney and that he had not been pressured. Sufficient inquiry was made by County Court to defendant and thus the plea itself was voluntarily, knowingly and intelligently made (see, People v Ross, 182 A.D.2d 1022, appeal dismissed 80 N.Y.2d 934).
Defendant also claims that the waiver of his right to appeal did not include a waiver of his right to challenge whether the sentence was harsh and excessive. We disagree. Under the circumstances of this case, defendant's waiver extended to a waiver of his right to challenge his sentence. He negotiated for the sentence and it was promised to him as part of the plea agreement (see, People v Burk, 181 A.D.2d 74, lv denied 80 N.Y.2d 927; see also, People v Moissett, 154 A.D.2d 786, affd 76 N.Y.2d 909). In any event, the sentence of 5 to 15 years' imprisonment was well within the statutory guidelines (see, Penal Law § 70.00, [3]), was in accordance with the plea bargain and was in full satisfaction of a 30-count indictment. We therefore can find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v Kazepis, 101 A.D.2d 816).
Mikoll, J.P., Yesawich Jr., Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.