| People v Selim |
| 2018 NY Slip Op 06299 [164 AD3d 1576] |
| September 27, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Mohammed Selim, Appellant. |
G. Scott Walling, Slingerlands, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Sira, J.), renderedDecember 14, 2016, convicting defendant upon his plea of guilty of the crimes of burglary in thesecond degree, criminal mischief in the third degree and possession of burglar's tools.
Defendant was indicted and charged with burglary in the second degree, criminal mischief inthe third degree and possession of burglar's tools. He thereafter pleaded guilty as charged andwaived the right to appeal. County Court sentenced defendant, as a second felony offender, to anaggregate term of 5
We affirm. Contrary to defendant's contention, the record demonstrates that his waiver of theright to appeal was valid. Defendant was advised that an appeal waiver was a condition of theplea agreement. County Court distinguished the right to appeal from the rights automaticallyforfeited by a guilty plea, and defendant affirmed his understanding of the waiver. Additionally,defendant executed a written waiver in open court after discussing the waiver with counsel.Accordingly, defendant knowingly, intelligently and voluntarily waived the right to appeal hisconviction and sentence (see People vWhite, 156 AD3d 1249, 1249-1250 [2017], lv denied 31 NY3d 988 [2018]; People v Rabine, 153 AD3d 1447,1448 [2017], lv denied 30 NY3d 1108 [2018]). Given the valid waiver of the right toappeal, defendant's contention that his sentence is harsh and excessive is precluded (see People v Williams, 155 AD3d1253, 1254 [2017], lv denied 31 NY3d 1089 [2018]; People v Wright, 154 AD3d 1015,1016 [2017], lv denied 30 NY3d 1065 [2017]).
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur. Ordered that the judgmentis affirmed.