| People v Minter |
| 2010 NY Slip Op 02443 [71 AD3d 1335] |
| March 25, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Daytwuan C.Minter, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Peters, J. Appeal from a judgment of the Supreme Court (Lamont, J.), rendered January 24,2008 in Albany County, convicting defendant upon his plea of guilty of the crime of robbery inthe second degree.
Defendant pleaded guilty to one count of robbery in the second degree in full satisfaction ofa nine-count indictment and multiple uncharged theft-related crimes that he admittedcommitting. He waived his right to appeal during the plea colloquy and, thereafter, wassentenced in accordance with the negotiated plea agreement to a 13-year prison term followed byfive years of postrelease supervision. Defendant appeals.
We affirm. Our review of the record reveals that defendant knowingly, voluntarily andintelligently waived his right to appeal. Indeed, after "[Supreme] Court fully disclosed theseparate and distinct right that was being waived and addressed it separately from those rightsbeing forfeited by [his] guilty plea" (People v Tabbott, 61 AD3d 1183, 1184 [2009], lv denied13 NY3d 750 [2009] [citations omitted]), defendant confirmed that he understood theramifications of waiving his right to appeal and that he had discussed the matter with his attorney(see People v Lopez, 6 NY3d248, 256 [2006]). He then assented to and executed a written appeal waiver in open court(see People v Gilmour, 61 AD3d1122, 1123 [2009], lv denied 12 NY3d 925 [2009]; [*2]Peoplev Mosher, 45 AD3d 970, 970 [2007], lv denied 10 NY3d 814 [2008]). Underthese circumstances, defendant's appeal waiver is valid and precludes his challenge to theseverity of his sentence (see People vPlatero, 63 AD3d 1446, 1446 [2009], lv denied 13 NY3d 861 [2009]; People v Bunce, 45 AD3d 982,985 [2007], lv denied 10 NY3d 809 [2008]).
Cardona, P.J., Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.