| People v Gomez |
| 2008 NY Slip Op 03520 [50 AD3d 1391] |
| April 24, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v DominickGomez, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), forrespondent.
Kavanagh, J. Appeal from a judgment of the County Court of Albany County (Herrick, J.),rendered June 1, 2006, convicting defendant upon his plea of guilty of the crimes of robbery inthe first degree, robbery in the second degree, criminal possession of a weapon in the seconddegree and criminal possession of a weapon in the third degree.
Defendant pleaded guilty to robbery in the first degree, robbery in the second degree,criminal possession of a weapon in the second degree and criminal possession of a weapon in thethird degree in satisfaction of an indictment. As part of the negotiated plea agreement, defendantwaived his right to appeal and was sentenced as a second felony offender to a 12-year term ofimprisonment for each of the convictions for robbery in the first degree and second degree, aswell as for his conviction of criminal possession of a weapon in the second degree, and a term ofimprisonment of seven years for his conviction of criminal possession of a weapon in the thirddegree. All sentences were to run concurrently and a period of five years of postreleasesupervision was also imposed. Defendant now appeals, arguing that he did not validly waive hisright to appeal and that the sentence imposed is harsh and excessive.
We affirm. The record demonstrates that County Court adequately explained, and defendantunderstood, that "the right to appeal is separate and distinct from those rights automaticallyforfeited upon a plea of guilty" and, thus, defendant's waiver of the right to appeal [*2]is valid (People v Lopez, 6 NY3d 248, 256 [2006]; see People v Morgan, 39 AD3d889, 889 [2007], lv denied 9 NY3d 848 [2007]). Consequently, defendant's claimthat the sentence imposed is harsh and excessive is foreclosed (see People v Sawyer, 41 AD3d1089, 1090 [2007], lv denied 9 NY3d 926 [2007]; People v Marone, 36 AD3d 956,956 [2007], lv denied 8 NY3d 987 [2007]).
Peters, J.P., Spain, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.