| People v Dissottle |
| 2018 NY Slip Op 02681 [160 AD3d 1219] |
| April 19, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Gerald L. Dissottle Sr., Appellant. |
Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Champagne, J.),rendered July 18, 2016, convicting defendant upon his plea of guilty of the crime of attemptedcriminal sale of a controlled substance in the third degree.
In satisfaction of a two-count indictment and other uncharged conduct, defendant pleadedguilty to the reduced charge of attempted criminal sale of a controlled substance in the thirddegree and waived his right to appeal. He was sentenced as a second felony offender to anagreed-upon prison term of four years followed by two years of postrelease supervision.Defendant appeals.
We are unpersuaded by defendant's contention that he did not knowingly, voluntarily andintelligently waive his right to appeal. County Court explained the meaning of the waiver of theright to appeal, noting that it was separate and apart from those rights automatically forfeited bythe guilty plea, and elicited from defendant that he understood. Defendant then reviewed adetailed written waiver with counsel and executed it in open court, after which he unequivocallyconfirmed his understanding thereof (seePeople v Sanders, 25 NY3d 337, 340-341 [2015]; People v Welden, 156 AD3d 1241, 1241 [2017]). Thus, the appealwaiver is valid and defendant is precluded from challenging the severity of the agreed-uponsentence (see People v Brown, 156AD3d 1248, 1248 [2017], lv denied 31 NY3d 981 [2018]; People vBrothers, 155 AD3d 1257, 1258 [2017]).
Devine, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.