| People v Dyckman |
| 2014 NY Slip Op 00905 [114 AD3d 994] |
| February 13, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JoelDyckman, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
McCarthy, J. Appeal from a judgment of the County Court of Ulster County(Williams, J.), rendered September 15, 2011, convicting defendant upon his plea ofguilty of the crime of robbery in the first degree.
Defendant waived indictment and pleaded guilty to a superior court informationcharging him with robbery in the first degree with the understanding that he would besentenced to a prison term of 12 years, to be followed by five years of postreleasesupervision. In connection with the plea agreement, defendant also waived his right toappeal. County Court sentenced defendant, as a second felony offender, to a prison termof 12 years followed by five years postrelease supervision and this appeal ensued.
County Court distinguished the waiver of the right to appeal from the rightsautomatically forfeited by defendant upon his plea of guilty as well as his waiver ofindictment. Furthermore, defendant acknowledged his understanding of the right toappeal and executed a detailed written waiver in open court. Accordingly, defendant'swaiver of the right to appeal was knowing, voluntary and intelligent (see People v Marshall, 108AD3d 884, 884 [2013], lv denied 22 NY3d 957 [2013]; People v Musser, 106 AD3d1334, 1335 [2013], lv denied 22 NY3d 997 [2013]; People v Joyce, 91 AD3d986, 986-987 [2012], lv denied 19 NY3d 864 [2012]). Defendant's validwaiver of appeal precludes his argument that County Court's imposition of theagreed-upon sentence was unduly harsh and excessive (see People v Lopez, 6 NY3d248, 256[*2][2006]; People v Musser, 106AD3d at 1335; People vMartin, 105 AD3d 1266, 1267 [2013]).
Lahtinen, J.P., Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.