| People v Oginski |
| 2014 NY Slip Op 08880 [123 AD3d 1303] |
| December 18, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vVictor Oginski, Appellant. |
Paul J. Connolly, Delmar, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of Schenectady County(Giardino, J.), rendered July 25, 2013, convicting defendant upon his plea of guilty of thecrimes of sexual abuse in the first degree and endangering the welfare of a child.
Defendant pleaded guilty to sexual abuse in the first degree and endangering thewelfare of a child and waived his right to appeal. County Court thereafter sentenced himto the agreed-upon sentence of three years in prison to be followed by seven years ofpostrelease supervision. Defendant now appeals and we affirm.
Contrary to defendant's contention, based upon our review of the plea colloquy, aswell as the counseled written waiver of appeal he executed in open court, we concludethat defendant was informed that the right to appeal was separate from the rightsautomatically forfeited by a guilty plea and that he knowingly, intelligently andvoluntarily waived the right to appeal his conviction and sentence (see People v Munger, 117AD3d 1343, 1343 [2014], lv denied 23 NY3d 1040 [2014]; People v Long, 117 AD3d1326, 1326 [2014], lv denied 24 NY3d 1003 [2014]). In light of his validappeal waiver, defendant is precluded from challenging his sentence as harsh andexcessive (see People vFligger, 117 AD3d 1343, 1344 [2014], lv denied 23 NY3d 1061 [2014];People v Waldron, 115AD3d 1116, 1117 [2014], lv denied 23 NY3d 969 [2014]).
Rose, Egan Jr. and Lynch, JJ., concur. Ordered that the judgment is affirmed.