| People v Suddard |
| 2018 NY Slip Op 05630 [164 AD3d 950] |
| August 2, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v John Suddard, Appellant. |
Kelly L. Egan, Rensselaer, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Joseph A. Frandino of counsel), forrespondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Washington County(McKeighan, J.), rendered December 13, 2013, convicting defendant upon his plea of guilty ofthe crime of burglary in the second degree.
In satisfaction of a 14-count indictment, defendant pleaded guilty to burglary in the seconddegree and waived his right to appeal. County Court sentenced defendant, as a second violentfelony offender, to a negotiated prison term of 15 years followed by five years of postreleasesupervision. Defendant appeals.
To the extent that defendant asserts that inadmissible hearsay and erroneous instructionsbefore the grand jury impaired the legal sufficiency of the evidence supporting the indictment,such claim is not jurisdictional in nature and, therefore, was forfeited by his guilty plea (see People v Guerrero, 28 NY3d110, 115-116 [2016]; People vCole, 118 AD3d 1098, 1099-1100 [2014]). Next, the People concede, and our review ofthe record confirms, that the waiver of the right to appeal was invalid "inasmuch as the recorddoes not establish that defendant understood that the right to appeal was separate and distinctfrom the rights forfeited by a guilty plea" (People v Maxwell, 142 AD3d 739, 740 [2016]; see People v Bradshaw, 18 NY3d257, 264-265 [2011]; People vLopez, 6 NY3d 248, 256 [2006]). As such, defendant's challenge to the severity of thesentence is not precluded. Nonetheless, upon review, we find no [*2]extraordinary circumstances or abuse of discretion warranting areduction of the agreed-upon sentence in the interest of justice, particularly in light of thefavorable plea agreement and defendant's criminal history (see People v Brodus, 151 AD3d 1469, 1470 [2017]; People v Garcia, 131 AD3d 732,735 [2015], lv denied 27 NY3d 997 [2016]). Defendant's remaining contention is withoutmerit.
Egan Jr., Lynch, Devine and Aarons, JJ., concur. Ordered that the judgment is affirmed.