| People v Venable |
| 2018 NY Slip Op 03397 [161 AD3d 1315] |
| May 10, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Razon Venable, Appellant. |
G. Scott Walling, Slingerlands, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.),rendered October 12, 2016, convicting defendant upon his plea of guilty of the crime of robberyin the second degree.
Defendant waived indictment and accepted a plea offer pursuant to which he entered a guiltyplea to robbery in the second degree as charged in a superior court information. Consistent withthe agreement, which included a waiver of appeal and satisfied a pending drug-related charge,defendant was sentenced, as an admitted second felony offender, to a prison term of6
We affirm. Defendant's contention that the agreed-upon sentence is harsh and excessive isprecluded by his knowing, voluntary and intelligent waiver of appeal (see People v Lopez, 6 NY3d 248,256 [2006]). To that end, County Court made clear that an appeal waiver was a condition of theplea and explained the separate and distinct nature of the waiver, as well as the consequencesthereof. Defendant then assured the court that he had an opportunity to review the detailed,written waiver of appeal with counsel and that he understood it and had no questions, and heconfirmed that he had signed it. Under these circumstances, we find that defendant's combinedoral and written waiver of appeal was valid and precludes this challenge (see People v Bryant, 28 NY3d1094, 1096 [2016]; People vSanders, 25 NY3d 337 [2015]; People v Savage, 158 AD3d 854, 855 [2018]; People v Webb, 157 AD3d 1132,1132 [2018]).
[*2] Garry, P.J., McCarthy, Egan Jr.,Lynch and Devine, JJ., concur. Ordered that the judgment is affirmed.