| People v Lindsey |
| 2012 NY Slip Op 02130 [93 AD3d 1040] |
| March 22, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Taylor D.Lindsey, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Broome County (Cawley, J.),rendered November 16, 2010, convicting defendant upon his plea of guilty of the crime ofattempted burglary in the second degree.
Defendant waived indictment and agreed to be prosecuted by a superior court informationcharging him with attempted burglary in the second degree. He pleaded guilty as charged andwaived his right to appeal. County Court thereafter sentenced defendant, as a second felonyoffender, to a prison term of three years, to be followed by five years of postrelease supervision.Defendant now appeals.
We affirm. We reject defendant's contention that his waiver of the right to appeal wasinvalid. The record reveals that, during the plea colloquy, County Court fully explained theseparate and distinct right to appeal that defendant was waiving, and defendant affirmed hisunderstanding thereof. Moreover, at the sentencing hearing, defendant presented a written waiverthat acknowledged that he was advised of the right to appeal, had an opportunity to discuss thewaiver with counsel and that he was waiving the right voluntarily. While the waiver wasexecuted outside of court, defendant acknowledged his signature on the waiver before the court,and counsel stated that he had discussed the waiver with defendant. Accordingly, we [*2]conclude that defendant voluntarily, knowingly and intelligentlywaived his right to appeal (see People vMcDuffie, 89 AD3d 1154, 1156 [2011]; People v Thomas, 81 AD3d 997, 998 [2011], lv denied 16NY3d 900 [2011]; compare People vBradshaw, 18 NY3d 257, 264-266 [2011]).
Peters, J.P., Kavanagh, Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.