| People v Rogers |
| 2018 NY Slip Op 04791 [162 AD3d 1410] |
| June 28, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Omar S. Rogers, Appellant. |
Dennis J. Lamb, Troy, for appellant.
P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Breslin, J.), rendered July 13, 2016 inAlbany County, convicting defendant upon his plea of guilty of the crime of robbery in thesecond degree.
Defendant waived indictment and agreed to be prosecuted by a superior court informationcharging him with robbery in the second degree. In satisfaction thereof, he pleaded guilty torobbery in the second degree and waived his right to appeal, both orally and in writing. Inaccordance with the plea agreement, defendant was sentenced to a prison term of five years, to befollowed by five years of postrelease supervision. Defendant now appeals.
Defendant contends that his appeal waiver is invalid and therefore does not preclude hischallenge to the severity of the sentence. We are unpersuaded and affirm. The record reflects thatSupreme Court adequately explained to defendant that the waiver of the right to appeal wasseparate and distinct from the trial-related rights automatically forfeited by his guilty plea, anddefendant further acknowledged that he understood the nature of the waiver (see People v Lopez, 6 NY3d 248,256 [2006]; People v Dobbs, 157AD3d 1122, 1122 [2018], lv denied 31 NY3d 983 [2018]; People v Rushlow, 137 AD3d1482, 1483 [2016]). After discussing the waiver with counsel, defendant also signed awritten waiver of appeal, in which defendant acknowledged that he was waiving his right toargue that the sentence is harsh or excessive (see People v Peterkin, 156 AD3d 962, 963 [2017]; People v Cuchelo, 155 AD3d1189, 1190 [2017]). Accordingly, given the validity of the combined oral and written appealwaiver, defendant's contention that the agreed-upon sentence is harsh and excessive is precluded(see People v Dutcher, 156 AD3d1122, 1122 [2017]; People vBrothers, 155 AD3d 1257, 1258 [2017]).
Garry, P.J., Egan Jr., Devine, Mulvey and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.