People v Bonner
2008 NY Slip Op 03658 [50 AD3d 1049]
April 22, 2008
Appellate Division, Second Department
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Respondent,
v
OlinBonner, Appellant.

[*1]Michael S. Bromberg, Sag Harbor, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Crecca, J.),rendered September 29, 2006, convicting him of burglary in the second degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record "establishe[s] that the defendant understood that the right to appeal is separateand distinct from those rights automatically forfeited upon a plea of guilty—the right toremain silent, the right to confront one's accusers and the right to a jury trial, for example" (People v Lopez, 6 NY3d 248, 256[2006]). Thus, the defendant's valid and unrestricted waiver of the right to appeal in connectionwith his plea agreement precludes appellate review of his claim that the sentence imposed wasexcessive (see People v Taubenkraut,48 AD3d 598 [2008]). Lifson, J.P., Florio, Angiolillo and Chambers, JJ., concur.


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