| People v McKenzie |
| 2016 NY Slip Op 01017 [136 AD3d 1120] |
| February 11, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vGary L. McKenzie II, Appellant. |
Susan Patnode, Rural Law Center of New York, Castleton (Rebecca L. Fox ofcounsel), for appellant, and appellant pro se.
Mary E. Rain, District Attorney, Canton (Abigail R. Hind of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered August 11, 2014, convicting defendant upon his plea of guilty ofthe crime of manslaughter in the first degree.
In satisfaction of the charges contained in two indictments, defendant entered a pleaof guilty to manslaughter in the first degree, which included the waiver of the right toappeal. County Court thereafter sentenced him pursuant to the plea agreement to 21 yearsin prison to be followed by five years of postrelease supervision. Defendant nowappeals.
Contrary to defendant's contention, we find that he knowingly waived the right toappeal. County Court ascertained defendant's understanding that the plea agreementincluded a waiver of the right to appeal and distinguished the right to appeal from thoserights automatically forfeited by defendant's guilty plea. County Court explained theappellate rights that could not be waived and defendant affirmed his understanding of theappeal waiver. Defendant also executed a written waiver in open court, which adequatelydescribed the nature of the right that he was waiving and included defendant'sacknowledgment that he had sufficient time to discuss the waiver with counsel. In ourview, defendant knowingly, intelligently and voluntarily waived the right to appeal hisconviction and sentence (seePeople v Bradshaw, 18 NY3d 257, 266-267 [2011]; People v Ortiz, 127 AD3d1416, 1416-1417 [2015], lv denied 26 NY3d 1010 [2015]). Defendant'swaiver precludes his challenge to the severity of his sentence (see People v Mayo,[*2]130 AD3d 1099, 1100 [2015]; People v Almeida, 127 AD3d1499, 1500 [2015], lv denied 26 NY3d 1006 [2015]). Defendant's remainingarguments in his pro se submission are barred by his knowing, intelligent and voluntaryguilty plea and his appeal waiver (see People v Frierson, 21 AD3d 1211, 1212 [2005], lvdenied 6 NY3d 753 [2005]; People v Clow, 10 AD3d 803, 804 [2004]).
McCarthy, Rose and Lynch, JJ., concur. Ordered that the judgment is affirmed.