| People v Gasparro |
| 2016 NY Slip Op 03909 [139 AD3d 1247] |
| May 19, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vThomas M. Gasparro, Appellant. |
Donna Marie Lasher, Youngsville, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered November 15, 2013, convicting defendant upon his plea of guilty of thecrime of burglary in the second degree (two counts).
Defendant pleaded guilty to two counts of burglary in the second degree in fullsatisfaction of a six-count indictment, and his plea included a waiver of the right toappeal. Prior to sentencing, defendant moved to withdraw his plea, alleging that it wasthe result of duress. County Court denied that motion without a hearing and thereaftersentenced defendant to five years in prison, to be followed by five years of postreleasesupervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, the plea colloquy and counseledwritten waiver executed in open court demonstrate that he validly waived the right toappeal his conviction and sentence (see People v O'Keefe, 133 AD3d 1034, 1034-1035 [2015],lv denied 26 NY3d 1148 [2016]; People v Long, 117 AD3d 1326, 1326 [2014], lvdenied 24 NY3d 1003 [2014]). Defendant's valid waiver of the right to appealprecludes us from reviewing his contention that his sentence is harsh and excessive (see People v Butler, 134 AD3d1349, 1350 [2015], lv denied 27 NY3d 963 [2016]; People v Bethea, 133 AD3d1033, 1033-1034 [2015]).
As to defendant's plea, a review of the plea colloquy demonstrates that the plea wasentered knowingly, voluntarily and intelligently. County Court engaged in a lengthycolloquy [*2]informing defendant of the ramifications ofthe plea, including the rights he would be relinquishing, and defendant affirmed hisunderstanding thereof and freely admitted to the commission of the crimes (see People v Trimm, 129AD3d 1215, 1216 [2015]; People v Hoyt, 106 AD3d 1340, 1340 [2013]). Any claimthat defendant was under duress at the time of the plea is belied by the record, as heassured County Court that he had discussed the plea with counsel and that he had notbeen threatened or coerced into pleading guilty (see People v Hoyt, 106 AD3d at1340; People v Phillips, 71AD3d 1181, 1183-1184 [2010], lv denied 15 NY3d 755 [2010]). Finally, wereject defendant's contention that County Court should have further inquired into hismental condition at the time of his plea, inasmuch as he capably and coherentlyresponded to the court's questions during the allocution, including stating that he was notunder the influence of alcohol or drugs or suffering from any physical or mentalimpairments that prevented him from understanding the proceedings (see People vLayton, 270 AD2d 714, 715 [2000], lv denied 95 NY2d 799 [2000]).Accordingly, County Court did not abuse its discretion in denying defendant's motion towithdraw his plea without a hearing.
Lahtinen, Egan Jr., Devine and Mulvey, JJ., concur. Ordered that the judgment isaffirmed.