| People v Hopkins |
| 2007 NY Slip Op 09969 [46 AD3d 1107] |
| December 20, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Charles HenryHopkins IV, Appellant. |
—[*1] David S. Hartnett, District Attorney, Cortland, for respondent.
Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered June20, 2006, convicting defendant upon his plea of guilty of three counts of the crime of burglary inthe second degree.
Satisfying three separate indictments, defendant pleaded guilty to three counts of burglary inthe second degree and was thereafter sentenced to, among other things, a concurrent prison termof six years for each crime, followed by five years of postrelease supervision. Defendant nowappeals.
We affirm. Contrary to defendant's assertion, the record establishes that he validly waived hisright to appeal. Defendant executed—in open court—three written appeal waivers,one for each indictment, all of which indicated that he had been counseled by his attorneyregarding his right to appeal and the manner in which the appellate process works, theconsequences of which were reviewed by County Court during the plea colloquy and atsentencing (see People v Lopez, 6NY3d 248, 256-257 [2006]; Peoplev Wright, 34 AD3d 940, 940 [2006], lv denied 8 NY3d 886 [2007]; see alsoPeople v Callahan, 80 NY2d 273, 280 [1992]). Given the foregoing, defendant is precludedfrom attacking the sentences imposed as harsh and excessive (see People v Sawyer, 41 AD3d 1089, 1090 [2007], lvdenied 9 NY3d 926 [2007]; Peoplev Tedesco, 38 AD3d 1102, 1103 [2007], lv denied 8 NY3d 991 [2007]).
Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur. Ordered that the judgment isaffirmed.