| People v Koumjian |
| 2012 NY Slip Op 08361 [101 AD3d 1175] |
| December 6, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JamesKoumjian, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (John R. Healy of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of Schenectady County (Hoye, J.),rendered October 22, 2010, convicting defendant upon his plea of guilty of the crime of grandlarceny in the third degree (three counts).
In satisfaction of a 76-count indictment stemming from repeated thefts from his employer,defendant pleaded guilty to three counts of grand larceny in the third degree. Defendant furtherwaived his right to appeal and agreed to pay a specified amount of restitution to his employer,with County Court committing in return to impose a prison term of no more than 2 to 6 yearsupon each count, amounting to an aggregate prison sentence of 6 to 18 years. County Courtultimately imposed that sentence and ordered defendant to pay restitution, and he appeals.
We affirm. During the plea colloquy, County Court fully and separately explained the importof an appeal waiver to defendant, who expressed his understanding of its ramifications, thenreviewed a detailed written waiver with defense counsel and executed it. Defendant thus validlywaived his right to appeal his conviction and sentence, which precludes our review of his claimsthat the sentence was harsh and excessive and that the agreed-upon sum of restitution orderedlacked sufficient record support (seePeople v Lopez, 97 AD3d 853, 853-854 [2012], lv denied 19 NY3d 1027[2012]; People v Dishaw, 81 AD3d1035, 1037 [2011], lv denied 16 NY3d 858 [2011]). Finally, defendant wasappropriately sentenced to consecutive terms of [*2]imprisonmentas he pleaded guilty to three counts of larceny that involved "wholly distinct acts of stealingfrom" his employer (People v Barreau, 232 AD2d 238, 239 [1996], lv denied 89NY2d 1032 [1997]; see People v Morrison, 290 AD2d 808, 809-810 [2002], lvdenied 98 NY2d 653 [2002]).
Peters, P.J., Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed.