| People v Hess |
| 2017 NY Slip Op 04175 [150 AD3d 1560] |
| May 25, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v John R.Hess, Appellant. |
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), forappellant.
Mary E. Rain, District Attorney, Canton (Matthew L. Peabody of counsel), forrespondent.
Devine, J. Appeal from a judgment of the County Court of St. Lawrence County (Richards,J.), rendered May 18, 2015, convicting defendant upon his plea of guilty of the crime of drivingwhile intoxicated.
Defendant pleaded guilty to a superior court information charging him with driving whileintoxicated and waived his right to appeal. He was sentenced, in accordance with the pleaagreement, to five years of probation. Defendant appeals.
We are unpersuaded by defendant's contention that the waiver of the right to appeal isinvalid. The record reflects that County Court adequately explained that the waiver of the right toappeal was separate and distinct from the rights forfeited by the guilty plea and defendantacknowledged that he understood the nature of the appeal waiver. In addition, defendantexecuted a detailed written waiver in open court after discussing its consequences with defensecounsel. In view of the foregoing, defendant knowingly, voluntarily and intelligently waived hisright to appeal his conviction and sentence (see People v Morgan, 142 AD3d 1253, 1253 [2016]; People v Simon, 140 AD3d 1533,1534 [2016]). As such, the valid appeal waiver precludes defendant's challenge to the severity ofthe sentence (see People v White,145 AD3d 1324, 1325 [2016]).
McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.