| People v Maxwell |
| 2016 NY Slip Op 05887 [142 AD3d 739] |
| August 25, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vMatthew S. Maxwell, Appellant. |
G. Scott Walling, Schenectady, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Sara E. Fischer of counsel), forrespondent.
Aarons, J. Appeal from a judgment of the County Court of Washington County(McKeighan, J.), rendered January 16, 2015, convicting defendant upon his plea of guiltyof the crimes of assault in the second degree and escape in the first degree.
Defendant pleaded guilty to assault in the second degree and escape in the firstdegree in full satisfaction of a four-count indictment, and his plea agreement included thewaiver of the right to appeal. County Court thereafter sentenced defendant, as a secondfelony offender, to the agreed-upon prison terms of five years on the assault conviction,to be followed by five years of postrelease supervision, and 2 to 4 years on the escapeconviction, the sentences to run consecutively. Defendant now appeals.
We affirm. Initially, we agree with defendant that his waiver of the right to appealwas not valid, inasmuch as the record does not establish that defendant understood thatthe right to appeal was separate and distinct from the rights forfeited by a guilty plea (see People v Bradshaw, 18NY3d 257, 264-265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]). As such,his challenge to the severity of his sentences is properly before us. Nonetheless, ourreview of the record does not reveal an abuse of discretion or extraordinarycircumstances warranting a reduction of the agreed-upon sentences in the interest ofjustice (see People v Filion,134 AD3d 1244, 1245 [2015], lv denied 27 NY3d 996 [2016]; People v Anderson, 129 AD3d1385, 1385 [2015], lv denied 26 NY3d 965 [2015]).
Garry, J.P., Egan Jr., Devine and Mulvey, JJ., concur. Ordered that the judgment isaffirmed.