Opinion
107339.
05-19-2016
The PEOPLE of the State of New York, Respondent, v. Cal GORDON, Appellant.
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant. Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
Before: LAHTINEN, J.P., McCARTHY, DEVINE, CLARK and MULVEY, JJ.
Opinion
DEVINE, J. Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered November 7, 2014, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the second degree.
Defendant, who was on parole, pleaded guilty to the crime of criminal sale of a controlled substance in the second degree in satisfaction of a 35–count indictment that charged him and his fiancée with numerous crimes in connection with their involvement in multiple drug transactions. Pursuant to the plea agreement, defendant executed a written waiver of appeal in open court. County Court thereafter sentenced defendant, as a second felony drug offender previously convicted of a violent felony, to an agreed-upon prison term of 17 years to be followed by five years of postrelease supervision. County Court also ordered defendant's sentence to run consecutively to any remaining undischarged term of imprisonment that he was required to serve. Defendant now appeals.
We affirm. Contrary to defendant's initial contention, his waiver of the right to appeal was knowing, intelligent and voluntary (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Defendant, who had extensive prior knowledge of the criminal justice system, was advised during the plea colloquy “that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty,” and defendant acknowledged that he was expected to waive that right as a component of the plea agreement (People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ). Defendant then executed a detailed written waiver of the right to appeal and advised County Court that he had only done so after discussing the document with defense counsel. The written waiver and plea colloquy accordingly establish that defendant knowingly and voluntarily waived his right to appeal from his conviction and sentence (see People v. Vellon, 128 A.D.3d 1274, 1274–1275, 10 N.Y.S.3d 347 [2015], lv. denied 26 N.Y.3d 1043, 22 N.Y.S.3d 173, 43 N.E.3d 383 [2015] ; People v. Brown, 125 A.D.3d 1049, 1049, 2 N.Y.S.3d 699 [2015] ). Defendant's valid waiver precludes his further argument that the sentence imposed was harsh and excessive (see People v. Toback, 125 A.D.3d 1060, 1061, 3 N.Y.S.3d 444 [2015], lv. denied 25 N.Y.3d 993, 10 N.Y.S.3d 536, 32 N.E.3d 973 [2015] ; People v. Hopper, 39 A.D.3d 1030, 1032, 835 N.Y.S.2d 476 [2007] ).
ORDERED that the judgment is affirmed.
LAHTINEN, J.P., McCARTHY, CLARK and MULVEY, JJ., concur.