| People v Deprosperis |
| 2015 NY Slip Op 07287 [132 AD3d 692] |
| October 7, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jason C. Deprosperis, Appellant. |
Marianne Karas, Thornwood, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Cacace, J., at plea; Capeci, J., at sentence), rendered May 9, 2013, convicting him ofgrand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he did not validly waive all of his rights, including hisright to appeal, because no valid consideration was given in exchange for his plea ofguilty. This contention is without merit. The record reveals that the defendant pleadedguilty to the counts in the superior court information with the promise that, if hesuccessfully completed a judicial diversion program, the felony count would bedismissed, but if he failed to successfully complete the judicial diversion program, hewould be sentenced to the maximum term of imprisonment on the felony conviction.Since the defendant was given a promise with respect to sentencing in exchange for hisplea of guilty, his plea of guilty and waiver of the right to appeal were supported byconsideration and, thus, valid (cf. People v Brady-Laffer, 102 AD3d 806, 806-807 [2013];People v Nicelli, 74 AD3d1235, 1236-1237 [2010]). Furthermore, the defendant's plea of guilty wasknowingly, voluntarily, and intelligently entered (see People v Harris, 61 NY2d9, 17 [1983]).
The defendant's general waiver of his right to appeal, which was knowing, voluntary,and intelligent (see People vSanders, 25 NY3d 337, 341-342 [2015]), encompasses his contention that thesentence imposed was excessive, since he was informed that the maximum sentencewould be imposed if he failed to successfully complete the judicial diversion program(see People v Lococo, 92 NY2d 825, 827 [1998]; People v Frazier, 127 AD3d1229, 1230 [2015]; Peoplev White, 3 AD3d 543, 544 [2004]; People v Miles, 268 AD2d 489, 490[2000]). Rivera, J.P., Dickerson, Maltese and LaSalle, JJ., concur.