| People v Strack |
| 2018 NY Slip Op 07495 [166 AD3d 1171] |
| November 8, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Deborah Strack, Appellant. |
Adam H. Van Buskirk, Auburn, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Timothy G. Blatchely of counsel),for respondent.
Appeal from a judgment of the County Court of Clinton County (Favreau, J.),rendered April 13, 2017, convicting defendant upon her plea of guilty of the crimes ofcriminal sale of a controlled substance in the second degree (three counts), criminalpossession of a controlled substance in the third degree and conspiracy in the seconddegree.
In satisfaction of a 12-count indictment, defendant pleaded guilty to criminal sale ofa controlled substance in the second degree (three counts), criminal possession of acontrolled substance in the third degree and conspiracy in the second degree and waivedthe right to appeal. County Court thereafter imposed the agreed-upon aggregate prisonsentence of five years, to be followed by five years of postrelease supervision. Defendantnow appeals.
We affirm. Contrary to defendant's contention, we find that her appeal waiver wasknowing, intelligent and voluntary. County Court advised defendant that an appealwaiver was a condition of the plea agreement and explained that the right to appeal wasseparate and distinct from the rights automatically forfeited by the guilty plea, anddefendant acknowledged that she understood the nature of the waiver (see People v Lopez, 6 NY3d248, 256 [2006]; People vDobbs, 157 AD3d 1122, 1122-1123 [2018], lv denied 31 NY3d 983[2018]). Defendant also signed a written waiver in open court that included theconsequences of the waiver and confirmed that she had discussed the waiver withcounsel and understood it. Under these circumstances, we are satisfied that defendant'swaiver of the right to appeal was valid (see People v Williams, 163 AD3d 1172, 1172-1173 [2018],lv denied 32 NY3d 1009 [2018]; People v Hopper, 153 AD3d 1045, 1046 [2017], lvdenied 30 NY3d 1061 [2017]). The valid appeal waiver precludes defendant'schallenge to the severity of her sentence (see People v Lopez, 6 NY3d at255-256; People v Velez,158 AD3d 952, 952-953 [2018]).
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur. Ordered that thejudgment is affirmed.