| People v Donah |
| 2015 NY Slip Op 03198 [127 AD3d 1413] |
| April 16, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vJames Donah, Appellant. |
M. Elizabeth Coreno, Saratoga Springs, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich of counsel),for respondent.
Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered March 5, 2012in Clinton County, convicting defendant upon his plea of guilty of the crime of burglaryin the third degree.
Defendant waived indictment and, in satisfaction of a superior court information,pleaded guilty to burglary in the third degree and waived his right to appeal. Hethereafter was sentenced as a second felony offender to the agreed-upon prison term of 2to 4 years. Defendant now appeals.
We affirm. Contrary to defendant's contention, his waiver of the right to appeal isvalid. Supreme Court distinguished the right to appeal from those rights automaticallyforfeited by defendant's guilty plea, and defendant executed a written waiver in opencourt. Accordingly, defendant knowingly, voluntarily and intelligently waived his rightto appeal his conviction and sentence (see People v Oginski, 123 AD3d 1303, 1303 [2014]; People v Dyckman, 114 AD3d994, 995 [2014], lv denied 23 NY3d 1036 [2014]). Given defendant's validwaiver of appeal, his challenge to the severity of the sentence is precluded (see People v Lopez, 6 NY3d248, 256 [2006]; People vFate, 117 AD3d 1327, 1329 [2014], lv denied 24 NY3d 1083 [2014]; People v White, 96 AD3d1299, 1300 [2012], lv denied 19 NY3d 1029 [2012]).
McCarthy, J.P., Garry, Egan Jr. and Lynch, JJ., concur. Ordered that the judgment isaffirmed.