| People v Muirhead |
| 2009 NY Slip Op 08713 [67 AD3d 1258] |
| November 25, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v William S.Muirhead, Jr., Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Victoria Esposito of counsel), forrespondent.
Cardona, P.J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered October 20, 2008, convicting defendant upon his plea of guilty of thecrime of course of sexual conduct against a child in the second degree.
Defendant was charged in a six-count indictment with various crimes arising out of hissexual abuse of a young victim and subsequent efforts to intimidate her into recanting herallegations. County Court denied defendant's motion to suppress certain statements he made to acaseworker with the St. Lawrence County Department of Social Services. Thereafter, defendantpleaded guilty to one count of course of sexual conduct against a child in the second degree infull satisfaction of the indictment and executed a written waiver of appeal during the pleacolloquy. As agreed, County Court sentenced defendant to a prison term of three years andpostrelease supervision of three years. Defendant appeals.
We affirm. Defendant's sole argument on appeal, that County Court improperly denied hissuppression motion, is precluded by his waiver of the right to appeal (see People vKemp, 94 NY2d 831, 833 [1999]; People v Schmidt, 57 AD3d 1104, 1104 [2008]).Moreover, defendant makes no effort to challenge the validity of that appeal waiver, and ourreview of the record reveals that his waiver was knowing, intelligent and voluntary given CountyCourt's explanation [*2]of the consequences of the waiver anddefendant's acknowledgment during the plea colloquy that he understood the terms thereof(see People v Leonard, 63 AD3d 1278, 1278 [2009], lv denied 13 NY3d 797[2009]; People v Tabbott, 61 AD3d 1183, 1184 [2009], lv denied 13 NY3d 750[2009]).
Mercure, Spain, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment isaffirmed.