| People v Barton |
| 2015 NY Slip Op 02523 [126 AD3d 1238] |
| March 26, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vRobert Barton, Appellant. |
Donnial K. Hinds, Albany, for appellant.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), forrespondent.
Lahtinen, J.P. Appeal from a judgment of the County Court of Albany County(McDonough, J.), rendered July 31, 2013, convicting defendant upon his plea of guilty ofthe crime of assault in the second degree.
Defendant pleaded guilty to assault in the second degree in full satisfaction of athree-count indictment and waived his right to appeal. Prior to being sentenced,defendant moved to withdraw his plea. County Court denied the motion and thereaftersentenced defendant, as a second felony offender, to three years in prison, to be followedby five years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, the plea colloquy and the counseledwritten waiver executed by defendant reveal that he knowingly, intelligently andvoluntarily waived the right to appeal his conviction and sentence (see People v Munger, 117AD3d 1343 [2014], lv denied 23 NY3d 1040 [2014]; People v Osgood, 111 AD3d1029, 1030 [2013], lv denied 22 NY3d 1089 [2014]).
As to defendant's plea, the record reflects that County Court fully informeddefendant of the terms of the plea agreement during the plea colloquy, including thenegotiated sentence of three years in prison and five years of postrelease supervision.Defendant affirmed that he understood the terms prior to entering his plea, that he hadbeen provided ample time to confer with counsel and that he was satisfied with hisrepresentation, and there is nothing in the record that casts doubt upon counsel'seffectiveness (see People vLittle, 92 AD3d 1036, 1037 [2012]; People v Graham-Harrison, 272AD2d 780, 781 [2000]). Defendant's unsubstantiated claim of innocence wascontradicted by his plea, and County Court was within its discretion to reject it (see People v Griffin, 89 AD3d1235, 1236-1237 [2011]; People v Davis, 250 AD2d 939, 940-941 [1998]).Finally, defendant's contention that he was advised by defense counsel that he would besentenced to two years in prison if he pleaded guilty involved a matter outside of therecord (see People v Ramos, 63 NY2d 640-642 [1984]; People v Johnson, 77 AD3d986, 986 [2010], lv denied 16 NY3d 743 [2011]). Accordingly, we find thatCounty Court did not abuse its discretion in denying defendant's motion to withdraw hisplea.
McCarthy, Egan Jr. and Clark, JJ., concur. Ordered that the judgment isaffirmed.