| People v Munger |
| 2014 NY Slip Op 03887 [117 AD3d 1343] |
| May 29, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vBrian S. Munger, Appellant. |
Paul J. Connolly, Delmar, for appellant.
James A. Murphy III, District Attorney, Ballston Spa (Ann C. Sullivan ofcounsel), for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Saratoga County(Scarano, J.), rendered August 20, 2012, convicting defendant upon his plea of guilty ofthe crime of attempted criminal sale of a controlled substance in the third degree.
Defendant waived indictment and pleaded guilty to a superior court informationcharging him with attempted criminal sale of a controlled substance in the third degree.In accordance with the plea agreement, defendant was sentenced as a second felonyoffender to a prison term of 2
We affirm. Contrary to defendant's contention, both the written waiver and the pleacolloquy informed him that his right to appeal was " 'separate anddistinct' " from those rights automatically forfeited upon pleading guilty and,therefore, we conclude that he knowingly, intelligently and voluntarily waived his rightto appeal his conviction and sentence (People v Baliraj, 101 AD3d 1175, 1176 [2012], lvdenied 21 NY3d 941 [2013], quoting People v Lopez, 6 NY3d 248, 256 [2006]; see People v Martin, 105AD3d 1266, 1267 [2013]). Given that his right to appeal was validly waived, we areprecluded from reviewing his contention that the sentence imposed was harsh andexcessive (see People vNewton, 113 AD3d 1000, 1001 [2014]; People v Fling, 112 AD3d 1001, 1002[2013]).
[*2] Stein, McCarthy and Egan Jr., JJ.,concur. Ordered that the judgment is affirmed.