| People v Garcia |
| 2018 NY Slip Op 05634 [164 AD3d 958] |
| August 2, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Joy Garcia, 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 February 19, 2016, convicting defendant upon her plea of guilty of the crime of criminalpossession of a controlled substance in the fifth degree.
In full satisfaction of a six-count indictment, defendant agreed to plead guilty to theamended/reduced charge of criminal possession of a controlled substance in the fifth degree inexchange for a recommended sentence of five years of probation. The negotiated plea agreementalso required defendant to waive her right to appeal. Defendant pleaded guilty to the foregoingcharge and, following two requested adjournments to allow defendant to consider whether shewished to withdraw her plea, County Court imposed the contemplated sentence. This appeal bydefendant ensued.
We affirm. Contrary to defendant's assertion, we find that her waiver of the right to appealwas valid. The plea colloquy reflects that County Court advised defendant that the waiver of theright to appeal was separate and distinct from the trial-related rights that defendant was forfeitingby pleading guilty (see People vDutcher, 156 AD3d 1122, 1122 [2017]; People v Lester, 141 AD3d 951, 952-953 [2016], lv denied28 NY3d 1185 [2017]); after confirming that she had been afforded sufficient time to review thewritten waiver with counsel, defendant executed the written waiver in open court, assured thecourt that she understood its terms and indicated that she had no questions relative thereto (see People v Sharpe, 159 AD3d1192, 1193 [2018], lv denied 31 NY3d 1121 [June 12, 2018]; People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied29 NY3d 1092 [2017]). Under these circumstances, the combined oral and written waiverestablish that defendant knowingly, intelligently and voluntarily waived her right to appeal (see People v Lawrence, 155 AD3d1259, 1259-1260 [2017]; People vMcCall, 146 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1034 [2017]; People v Mann, 140 AD3d 1532,1533 [2016]). In light of the valid waiver, defendant's challenge to the severity of her sentence isprecluded (see People v Webb, 157AD3d 1132, 1132 [2018]; People vBelile, 137 AD3d 1460, 1461 [2016]).
[*2] Garry, P.J., McCarthy, Egan Jr., Lynch and Devine, JJ., concur. Ordered that thejudgment is affirmed.