| People v Fusco |
| 2010 NY Slip Op 05296 [74 AD3d 1583] |
| June 17, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v MarkFusco, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward, for respondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered July 30, 2009, convicting defendant upon his plea of guilty of the crime of attemptedburglary in the second degree.
Defendant pleaded guilty to one count of attempted burglary in the second degree insatisfaction of a pending indictment. In accordance with the plea agreement, defendant waivedhis right to appeal and was sentenced as a second felony offender to a prison term of four yearsand postrelease supervision of five years. He appeals and we affirm.
County Court's explanation of an appeal waiver during the plea colloquy and defendant'sexpressed understanding of its effect, accompanied by the detailed written waiver of appeal thatdefendant reviewed with counsel and executed, demonstrate that he knowingly, voluntarily andintelligently waived his right to appeal (see People v Pump, 67 AD3d 1041, 1041 [2009], lv denied13 NY3d 941 [2010]; People vAnderson, 63 AD3d 1191, 1192-1193 [2009], lv denied 13 NY3d 794 [2009]).Although defendant was not advised of the maximum potential sentence he could receive whenhe entered into that waiver, it nevertheless forecloses our review of his contention that thesentence imposed is harsh and excessive, as he was aware of the specific sentence to be imposed(see People v Kirkland, 2 AD3d1063, 1063 [2003]; People v Grant, 294 AD2d 671, 672-673 [2002], lvdenied 98 NY2d 730 [2002]; seealso People v Lopez, 6 NY3d 248, 256 [2006]).
Cardona, P.J., Rose, Lahtinen, Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.