| People v Caldwell |
| 2017 NY Slip Op 02475 [148 AD3d 1468] |
| March 30, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Roger W.Caldwell, Appellant. |
Susan Patnode, Rural Law Center of New York, Castleton (George J. Hoffman Jr. ofcounsel), for appellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Warren County (Hall Jr., J.),rendered April 1, 2015, convicting defendant upon his plea of guilty of the crime of burglary inthe third degree.
Defendant waived indictment and was charged in a superior court information with burglaryin the third degree. He thereafter pleaded guilty as charged and waived his right to appeal.County Court sentenced him, as a second felony offender, to a prison term of 3
We affirm. Contrary to defendant's contention, the record reflects that he validly waived theright to appeal. County Court distinguished this right from those rights automatically forfeited bypleading guilty, and defendant affirmed his understanding thereof and agreed to waive the rightto appeal. Additionally, defendant executed a written appeal waiver in open court after discussingthe waiver with counsel. In our view, defendant knowingly, intelligently and voluntarily waivedthe right to appeal his conviction and sentence (see People v Samuel, 143 AD3d 1012, 1012 [2016]; People v Neithardt, 127 AD3d1502, 1502 [2015]). Given the valid waiver of the right to appeal, defendant's contention thathis sentence is harsh and excessive is precluded (see People v Rhodes, 143 AD3d 1011, 1012 [2016]; People v Mann, 140 AD3d 1532,1533 [2016]).
[*2] McCarthy, J.P., Garry, Mulvey andAarons, JJ., concur. Ordered that the judgment is affirmed.