| People v Scott |
| 2016 NY Slip Op 03920 [139 AD3d 1266] |
| May 19, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Sakai Scott, Also Known as Blue,Appellant. |
Paul J. Connolly, Delmar, for appellant.
P. David Soares, District Attorney, Albany (Brittany Grome of counsel), forrespondent.
Mulvey, J. Appeal from a judgment of the Supreme Court (Breslin, J.), renderedDecember 10, 2012 in Albany County, convicting defendant upon his plea of guilty ofthe crime of criminal sale of a controlled substance in the third degree.
In satisfaction of various drug-related charges against him, defendant pleaded guiltyto criminal sale of a controlled substance in the third degree and waived his right toappeal. Supreme Court thereafter sentenced defendant, in accordance with the negotiatedplea agreement, to six years in prison to be followed by one year of postreleasesupervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, based upon our review of the pleacolloquy and in consideration of his counseled written waiver of appeal, defendant wasadequately informed that the right to appeal was separate and distinct from the rightsautomatically forfeited by his guilty plea such that he knowingly, voluntarily andintelligently waived the right to appeal his conviction and sentence (see People v O'Keefe, 133AD3d 1034, 1034-1035 [2015], lv denied 26 NY3d 1148 [2016]; People v Oginski, 123 AD3d1303, 1303 [2014], lv denied 26 NY3d 970 [2015]). Further, givendefendant's valid appeal waiver, he is precluded from challenging his sentence as harshand excessive (see People vGriffin, 134 AD3d 1228, 1231 [2015]; People v Donah, 127 AD3d 1413, 1413 [2015]).
Lahtinen, J.P., McCarthy, Devine and Clark, JJ., concur. Ordered that the judgmentis affirmed.