| People v Cullen |
| 2012 NY Slip Op 08835 [101 AD3d 1391] |
| December 20, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Jason Cullen,Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Jonathan L. Becker of counsel), forrespondent.
Spain, J. Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.),rendered November 7, 2011, convicting defendant upon his plea of guilty of the crimes of assaultin the second degree and forcible touching.
In satisfaction of a superior court information and a related pending rape indictment,defendant pleaded guilty to assault in the second degree and forcible touching. Defendant signeda written waiver of his right to appeal in open court, after the court ascertained defendant'sunderstanding of the waiver. No promise was made regarding sentencing although defendant wasadvised of the maximum potential sentence. Defendant was thereafter sentenced, as an admittedsecond felony offender, to, among other things, an aggregate prison term of seven years, followedby five years of postrelease supervision. Defendant now appeals, contending that his sentence isharsh and excessive.
We affirm. To the extent that defendant contends that his waiver of the right to appeal wasinvalid, we are unpersuaded. The plea allocution—which included an oralwaiver—and the written waiver demonstrate that defendant knowingly, intelligently andvoluntarily waived his right to appeal the conviction and sentence (see People v Jerome, 98 AD3d1188, 1189 [2012]; see also People v Lopez, 6 NY3d [*2]248, 256 [2006]; People v Ducheneaux, 97 AD3d 852, 853 [2012]). Consequently,we are precluded from considering his claim that the sentence imposed is harsh and excessive(see People v Hidalgo, 91 NY2d 733, 736-737 [1998]; People v Lopez, 97 AD3d 853,853-854 [2012], lv denied 19 NY3d 1027 [2012]; see also People v Lopez, 6NY3d at 255-256).
Mercure, J.P., Malone Jr., Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.