| People v Smith |
| 2016 NY Slip Op 01877 [137 AD3d 1425] |
| March 17, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vWilliam L. Smith, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport ofcounsel), for respondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Warren County (HallJr., J.), rendered August 27, 2014, convicting defendant upon his plea of guilty of thecrime of arson in the second degree.
Defendant pleaded guilty to arson in the second degree and his plea included awaiver of the right to appeal. Prior to sentencing, defendant moved to withdraw his plea.County Court denied the motion and thereafter sentenced defendant in accordance withthe plea agreement to eight years in prison, to be followed by five years of postreleasesupervision. Defendant now appeals.
Contrary to defendant's contention, his waiver of the right to appeal was valid. Therecord reflects that County Court distinguished the right to appeal from the rightsautomatically forfeited by a guilty plea, and defendant acknowledged that he signed thewritten waiver after conferring with counsel regarding its contents. Accordingly,defendant's waiver of the right to appeal was knowing, intelligent and voluntary (see People v Lopez, 6 NY3d248, 256 [2006]; People vBurritt, 127 AD3d 1433, 1434 [2015]). Defendant's remaining contention, thathis sentence is harsh and excessive, is precluded by his valid appeal waiver (see People v Mayo, 130 AD3d1099, 1100 [2015]; Peoplev Almeida, 127 AD3d 1499, 1500 [2015], lv denied 26 NY3d 1006[2015]).
Egan Jr., Lynch, Devine and Clark, JJ., concur. Ordered that the judgment isaffirmed.