| People v Schmidt |
| 2008 NY Slip Op 09664 [57 AD3d 1104] |
| December 11, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Eric P. Schmidt,Appellant. |
—[*1] James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), forrespondent.
Cardona, P.J. Appeal from the judgment of the County Court of Saratoga County (Scarano, J.),rendered January 11, 2008, convicting defendant upon his plea of guilty of the crimes of criminal sale ofmarihuana in the first degree, criminal possession of marihuana in the first degree and criminalpossession of marihuana in the second degree.
After defendant made three separate sales of marihuana and one sale of hydrocodone to anundercover police officer, a warrant was obtained to search defendant's residence, where the StatePolice found, among other things, approximately 10 pounds of marihuana. Thereafter, defendant wascharged in an indictment with criminal sale of marihuana in the first degree, criminal possession ofmarihuana in the first degree and criminal possession of marihuana in the second degree. Defendantagreed to plead guilty to all three counts of the indictment and, during the course of the plea allocution,he executed a written waiver of his right to appeal. In accordance with the plea agreement, defendantwas sentenced to concurrent prison terms, resulting in an aggregate sentence of three years. He nowappeals, challenging the denial of his suppression motion and the sentenced imposed.
Notably, defendant does not challenge the validity of his waiver of the right to appeal. Viewing therecord in its totality, we find that "County Court's admonitions, together with the written waiver in therecord, sufficiently informed defendant of his rights" (People v Lewis, 48 [*2]AD3d 880, 881 [2008]; see People v Giovanni, 53 AD3d 778, 778 [2008]). In light ofdefendant's valid appeal waiver, he is now foreclosed from challenging the denial of his suppressionmotion (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Collins, 53 AD3d 932, 933 [2008], lv denied 11NY3d 831 [2008]), as well his "contention that the sentence imposed was harsh and excessive" (People v Clark, 52 AD3d 951, 952[2008], lv denied 11 NY3d 831 [2008]).
Spain, Rose, Malone Jr. and Stein, JJ., concur. Ordered that the judgment is affirmed.