| People v Gonzalez |
| 2018 NY Slip Op 04784 [162 AD3d 1403] |
| June 28, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Francisco Gonzalez, Appellant. |
G. Scott Walling, Slingerlands, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.),rendered October 10, 2013, convicting defendant upon his plea of guilty of the crime of criminaluse of a firearm in the first degree.
In satisfaction of a multicount indictment, defendant pleaded guilty to criminal use of afirearm in the first degree stemming from an incident in which he fired several rounds ofammunition into the front door of a residential trailer, causing damage to that trailer and othersnearby. As part of the agreement, defendant executed a waiver of appeal. Pursuant to the pleaagreement, County Court sentenced defendant to a prison term of 14 years, to be followed by fiveyears of postrelease supervision. Defendant appeals, contending that the sentence imposed washarsh and excessive.
Initially, the People concede, and we agree, that defendant's waiver of the right to appeal isinvalid as County Court did not advise defendant that his appeal rights were separate and distinctfrom the rights automatically forfeited by his plea of guilty (see People v Lane, 159 AD3d 1195, 1195 [2018]; People v Metayeo, 155 AD3d1239, 1240 [2017]; People vRoshia, 133 AD3d 1029, 1030 [2015], affd 28 NY3d 989 [2016]). Althoughdefendant is thus not precluded by the waiver from challenging the severity of the sentence, wefind his claim to be without merit. Given the nature of the crime, and that defendant consented tothe sentencing range as part of the plea agreement, we find no extraordinary circumstances orabuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Blanco, 156 AD3d945, 946 [2017]; People v Cox,146 AD3d 1154, 1155 [2017]).
Garry, P.J., McCarthy, Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment isaffirmed.