| People v Thompson |
| 2018 NY Slip Op 00365 [157 AD3d 1141] |
| January 18, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Dale R.Thompson, Appellant. |
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), forappellant.
John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), forrespondent.
Lynch, J. Appeal from a judgment of the County Court of Otsego County (Lambert, J.),rendered December 21, 2015, convicting defendant upon his plea of guilty of the crime ofburglary in the second degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to burglary in the seconddegree and waived his right to appeal, both orally and in writing. In accordance with the terms ofthe plea agreement, he was sentenced as a second felony offender to 10 years in prison and fiveyears of postrelease supervision. He now appeals.
Defendant contends that his appeal waiver is invalid and does not preclude his challenge tothe severity of the sentence. Upon reviewing the record, we agree that the waiver is defectiveinsofar as County Court did not advise defendant of the separate and distinct nature of the waiveror confirm that he fully understood its ramifications (see People v Loika, 153 AD3d 1516, 1517 [2017]; People v Ortiz, 153 AD3d 1049,1049 [2017]). Defendant executed a written waiver at sentencing—not prior to entering aplea—and County Court made no inquiry as to whether defendant read or understood thewritten waiver (see People vAubain, 152 AD3d 868, 869 [2017). We are not persuaded, however, that the sentence iseither harsh or excessive. Defendant has an extensive criminal record, and the underlying chargesreveal that he forcibly entered the homes of multiple victims and removed valuables. In view ofthis, and given that [*2]defendant agreed to the sentence as part ofthe plea agreement, we find no extraordinary circumstances or any abuse of discretion warrantinga reduction of the sentence in the interest of justice (see People v Rock, 151 AD3d 1383, 1384-1385 [2017], lvdenied 30 NY3d 953 [2017]; Peoplev Zabawczuk, 128 AD3d 1267, 1269 [2015], lv denied 26 NY3d 937[2015]).
Garry, P.J., Clark, Aarons and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.