| People v Cayon |
| 2018 NY Slip Op 01096 [158 AD3d 946] |
| February 15, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v ManuelCayon, Appellant. |
Linda B. Johnson, East Greenbush, for appellant.
Joel E. Abelove, District Attorney, Troy (Katy M. Moryl of counsel), for respondent.
Clark, J. Appeal from a judgment of the County Court of Rensselaer County (Young, J.),rendered September 14, 2015, convicting defendant upon his plea of guilty of the crimes ofattempted criminal possession of a controlled substance in the third degree and criminalpossession of a firearm.
Defendant waived indictment and agreed to be prosecuted pursuant to a superior courtinformation charging him with attempted criminal possession of a controlled substance in thethird degree and criminal possession of a firearm. After obtaining an adjournment to consider thePeople's plea offer, defendant returned to County Court, waived his right to appeal—bothorally and in writing—and pleaded guilty to the charged crimes. Consistent with the termsof the plea agreement, County Court sentenced defendant to concurrent prison terms of four yearson the drug charge and 1 to 3 years on the weapon charge, followed by a period of postreleasesupervision. Defendant now appeals.
We affirm. Contrary to defendant's assertion, we find that his waiver of the right to appealwas knowing, intelligent and voluntary. A review of the plea colloquy reflects that County Courtdistinguished defendant's appellate rights from the trial-related rights that defendant wasforfeiting by pleading guilty and defendant, in turn, assured the court that he had been affordedsufficient time to discuss the waiver of appeal with counsel and confirmed his understandingthereof (see People v Fifield, 149AD3d 1420, 1421 [2017]; People vMcCall, 146 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1034 [2017]).Defendant also executed a [*2]written waiver of the right toappeal—wherein he expressly waived his right to appeal his conviction andsentence—and, in response to questioning by County Court, defendant stated that he hadreviewed the waiver with counsel and again indicated that he understood the appellate rights thathe was relinquishing (see People v McCall, 146 AD3d at 1157; People v Guyette, 121 AD3d 1430,1430 [2014], lv denied 27 NY3d 998 [2016]). Under these circumstances, we find thatdefendant's combined oral and written waiver of the right to appeal was valid (see People v Smith, 155 AD3d1244, 1245 [2017]; People vSullivan, 153 AD3d 1519, 1520 [2017], lv denied 30 NY3d 1064 [2017]). Inlight of defendant's valid waiver, his challenge to the severity of the sentence imposed isprecluded (see People v Campbell,155 AD3d 1250, 1251 [2017]; People v Tulip, 150 AD3d 1564, 1565-1566 [2017]).
Garry, P.J., Egan Jr., Lynch and Devine, JJ., concur. Ordered that the judgment isaffirmed.