| People v Rabine |
| 2017 NY Slip Op 06482 [153 AD3d 1447] |
| September 14, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Scott R.Rabine, Appellant. |
Hug Law, PLLC, Albany (Matthew C. Hug of counsel), for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Warren County (Hall Jr., J.),rendered April 24, 2015, convicting defendant upon his plea of guilty of the crimes of criminalsale of a controlled substance in the third degree and grand larceny in the third degree.
In full satisfaction of a 10-count indictment, defendant pleaded guilty to criminal sale of acontrolled substance in the third degree and grand larceny in the third degree and waived his rightto appeal. County Court thereafter sentenced him, as a second felony offender, to an aggregateprison term of 10 years, to be followed by three years of postrelease supervision. Defendant nowappeals.
We affirm. Contrary to defendant's contention, his waiver of the right to appeal was knowing,intelligent and voluntary. County Court distinguished the right to appeal from the rightsautomatically forfeited by a guilty plea and defendant confirmed his understanding of the waiver.Defendant also signed a written waiver in open court after discussing it with counsel.Accordingly, we conclude that defendant validly waived the right to appeal (see People v Lopez, 6 NY3d 248,256 [2006]; People v Oddy, 144AD3d 1322, 1322-1323 [2016]; People v Hernandez, 140 AD3d 1521, 1522 [2016], lvdenied 28 NY3d 971 [2016]). Defendant's remaining contention, that his sentence is harshand excessive, is precluded by his valid appeal waiver (see People v McCall, 146 AD3d 1156, 1157 [2017], lvdenied 29 NY3d 1034 [2017]; People v Golgoski, 145 AD3d 1195, 1196 [2016], lv denied28 NY3d 1184 [2017]).
McCarthy, J.P., Garry, Devine and Clark, JJ., concur. Ordered that the judgment isaffirmed.