Opinion
03-14-2024
The PEOPLE of the State of New York, Respondent, v. Bradley MITTLER, Appellant.
Catherine A. Barber, Guilderland, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Taylor R. Fitzsimmons of counsel), for respondent.
Catherine A. Barber, Guilderland, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Taylor R. Fitzsimmons of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Aarons, Ceresia and McShan, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Washington County (Kelly S. McKeighan, J.), rendered November 13, 2020, convicting defendant upon his plea of guilty of the crime of kidnapping in the second degree.
Defendant was indicted and charged by a Washington County grand jury with kidnapping in the first degree and two counts each of kidnapping in the second degree, rape in the second degree and conspiracy in the fifth degree. The charges stemmed from an incident wherein defendant cultivated an online relationship with a 14–year–old girl, allegedly had sexual contact with her on two occasions in Warren County and then attempted to flee the state with the victim and her similarly-aged friend. In full satisfaction of that indictment, and with the understanding that no additional charges would be pursued in Warren County, defendant agreed to plead guilty to one count of kidnapping in the second degree with the understanding that he would be sentenced to a prison term of 15 years followed by five years of postrelease supervision. The plea agreement also required defendant to waive his right to appeal. Following defendant’s guilty plea, County Court imposed the agreed-upon sentence and this appeal ensued.
[1, 2] We affirm. Both the written waiver of the right to appeal – and County Court’s corresponding oral colloquy – mirror the waiver utilized and explanation provided in People v. Robinson, 213 A.D.3d 1002, 1002–1003, 181 N.Y.S.3d 470 (3d Dept. 2023) and People v. Gatchell, 208 A.D.3d 1549, 1550, 175 N.Y.S.3d 364 (3d Dept. 2022). Under these circumstances, we are satisfied that defendant knowingly, intelligently and voluntarily waived his right to appeal (see People v. Dobbs, 217 A.D.3d 1275, 1276, 192 N.Y.S.3d 327 [3d Dept. 2023]; People v. Williams, 208 A.D.3d 1499, 1500, 174 N.Y.S.3d 286 [3d Dept. 2022]; People v. Ruest, 206 A.D.3d 1174, 1174–1175, 167 N.Y.S.3d 851 [3d Dept. 2022]). In light of the valid appeal waiver, defendant’s challenge to the severity of the agreed-upon sentence is precluded (see People v. Robinson, 213 A.D.3d at 1003, 181 N.Y.S.3d 470; People v. Gatchell, 208 A.D.3d at 1550, 175 N.Y.S.3d 364).
Egan Jr., J.P., Clark, Aarons, Ceresia and McShan, JJ., concur.
ORDERED that the judgment is affirmed.