| People v Jakob |
| 2017 NY Slip Op 01029 [147 AD3d 1154] |
| February 9, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Stephen A.Jakob II, Appellant. |
Donna C. Chin, Ithaca, for appellant.
Joseph G. Fazzary, District Attorney, Watkins Glen (John C. Tunney of counsel), forrespondent.
Clark, J. Appeal from a judgment of the County Court of Schuyler County (Morris, J.),rendered December 11, 2014, convicting defendant upon his plea of guilty of the crimes ofburglary in the second degree (seven counts), burglary in the third degree (two counts), grandlarceny in the third degree and grand larceny in the fourth degree.
Defendant pleaded guilty to charges contained in a multicount indictment, including sevencounts of burglary in the second degree, and waived his right to appeal. County Court denieddefendant's subsequent motion to withdraw his plea and thereafter sentenced him as a secondfelony offender, in accordance with the plea agreement, to concurrent prison terms that resultedin an aggregate maximum of eight years. Defendant appeals.
We affirm. Contrary to defendant's contention, we find that defendant knowingly, voluntarilyand intelligently waived his right to appeal. The validity of the appeal waiver is established bydefendant's acknowledgment at the plea colloquy that he understood the nature of the waiver ofthe right to appeal, which County Court explained was separate from the rights forfeited by theguilty plea, and his execution in open court of a written waiver of appeal (see People v Lopez, 6 NY3d 248,256 [2006]; People v Murdie, 134AD3d 1353, 1354 [2015]; People vTherrien, 134 AD3d 1231, 1232 [2015]). As such, defendant's valid appeal waiverforecloses his challenge that the sentence was excessive (see People v Macon, 142 AD3d 739, 739 [2016], lv denied28 NY3d 1073 [2016]; People vRushlow, 137 AD3d 1482, 1483 [2016]) [*2]andincludes his "right to invoke [this Court's] interest-of-justice jurisdiction to reduce the sentence"(People v Bethea, 133 AD3d1033, 1033 [2015] [internal quotation marks and citations omitted], lv denied 27NY3d 992 [2016]).
Garry, J.P., Egan Jr., Devine and Aarons, JJ., concur. Ordered that the judgment isaffirmed.