| People v Cota |
| 2016 NY Slip Op 01014 [136 AD3d 1116] |
| February 11, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vLouis E. Cota, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Clark, J. Appeal from a judgment of the Supreme Court (Lawliss, J.), renderedMarch 31, 2014 in Clinton County, convicting defendant upon his plea of guilty of thecrimes of rape in the third degree (two counts), perjury in the first degree and criminalcontempt in the second degree.
In satisfaction of a multicount indictment, defendant pleaded guilty to two counts ofrape in the third degree, perjury in the first degree and criminal contempt in the seconddegree and waived his right to appeal. Defendant was sentenced, in accordance with theterms of the plea agreement, to an aggregate prison term of eight years followed by fiveyears of postrelease supervision. Defendant now appeals.
Defendant's contention that his waiver of the right to appeal is invalid is belied by therecord. A review of the plea colloquy reflects that Supreme Court separately addressedand explained the nature of the appeal waiver from those rights that are automaticallyforfeited upon a plea of guilty, and elicited from defendant that he understood and agreedto waive his right to appeal (seePeople v Lopez, 6 NY3d 248, 256 [2006]; People v Tyler, 130 AD3d 1383, 1384 [2015]).Furthermore, the record demonstrates that defendant executed a written appeal waiver inopen court after reviewing it with defense counsel (see People v Tyler, 130 AD3dat 1384; People v Turner,126 AD3d 1228, 1229 [2015]). Under these circumstances, we find that defendantknowingly, voluntarily and intelligently waived his right to appeal (see People v Bradshaw, 18NY3d 257, 264 [2011]; People v Lopez, 6 NY3d at 256; People v Sibounhome, 125AD3d 1059, 1059 [2015]). As such, defendant's contention that he was improperlydenied [*2]the right to a CPL 420.20 hearing to defermandatory surcharge fees is precluded by the valid waiver of the right to appeal (see People v Johnson, 60AD3d 1496, 1497 [2009], lv denied 12 NY3d 926 [2009]; People v Camacho, 4 AD3d862, 862 [2004], lv denied 2 NY3d 761 [2004]).
Peters, P.J., Garry, Egan Jr. and Devine, JJ., concur. Ordered that the judgment isaffirmed.