| People v Felker |
| 2017 NY Slip Op 08055 [155 AD3d 1258] |
| November 16, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Andrew J. Felker, Appellant. |
Rosemarie Richards, Gilbertsville, for appellant.
William G. Gabor, District Attorney, Wampsville (Elizabeth S. Healy of counsel), forrespondent.
Clark, J. Appeal from a judgment of the County Court of Madison County (Cerio Jr., J.),rendered January 6, 2016, convicting defendant upon his plea of guilty of the crimes of attemptedburglary in the second degree and assault in the second degree.
In satisfaction of two separate indictments, defendant pleaded guilty to attempted burglary inthe second degree and assault in the second degree and waived his right to appeal, both orally andin writing. In accordance with the plea agreement, defendant was sentenced to an aggregateprison term of four years with three years of postrelease supervision. Defendant nowappeals.
We affirm. Defendant's contention that his waiver of his right to appeal was invalid iswithout merit. County Court explained to defendant the appeal process and that a waiver of theright to appeal was separate and distinct from the trial rights that defendant would forfeit bypleading guilty. Following this explanation, defendant confirmed that he understood. Defendantsigned a written waiver of his right to appeal in open court and confirmed both that he hadreviewed the document with counsel and that the waiver's content reflected the court's previousrepresentations regarding the appeal waiver. The signed appeal waiver apprised defendant that hewas waiving, among other things, his right to challenge "suppression issues." Given theforegoing, we find defendant's waiver of the right to appeal to be knowing, voluntary andintelligent (see People v Bartlett,148 AD3d 1471, 1472 [2017]; People v Charleston, 142 AD3d [*2]1248, 1249 [2016]). Defendant's valid appeal waiver forecloses ourreview of his contentions regarding the suppression of certain statements that he made to policeand whether probable cause existed for his arrest (see People v Oddy, 144 AD3d 1322, 1323 [2016], lv denied29 NY3d 1131 [2017]; People vDickson-Eason, 143 AD3d 1013, 1013 [2016], lv denied 28 NY3d 1123[2016]).
Egan Jr., J.P., Devine, Mulvey and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.