| People v Lewis |
| 2015 NY Slip Op 03276 [127 AD3d 569] |
| April 21, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Raymond Lewis, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), forrespondent.
Judgments, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered onor about February 26, 2013, convicting defendant, upon his pleas of guilty, of burglary inthe second degree and six counts of burglary in the third degree, and sentencing him, as asecond felony offender, to an aggregate term of 8 to 12 years, unanimously affirmed.
Notwithstanding the inadequacy of the court's oral colloquy with defendantconcerning his waiver of his right to appeal, the record reflects that defendant made avalid waiver, because he orally confirmed that he was agreeing to waive his right toappeal as part of this plea bargain and that he discussed this with counsel and understoodit, the oral colloquy was supplemented by a comprehensive written waiver that fullyexplained that the right to appeal is separate and distinct from trial rights (see People v Lopez, 6 NY3d248, 256 [2006]), and defendant's age and experience indicate that he understood therights he was waiving (seePeople v Bradshaw, 18 NY3d 257, 264 [2011]). This waiver forecloses reviewof his excessive sentence claim.
Regardless of whether defendant made a valid waiver of his right to appeal, weperceive no basis for reducing defendant's sentence. Concur—Tom, J.P.,Friedman, Renwick, Moskowitz and DeGrasse, JJ.