| People v Chapman |
| 2019 NY Slip Op 00642 [168 AD3d 1315] |
| January 31, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Kevin Chapman, Appellant. |
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Jason M. Carusone, District Attorney, Lake George (Rebecca Nealon of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), entered April13, 2017, convicting defendant upon his plea of guilty of the crime of murder in the seconddegree.
Defendant was charged in an indictment with numerous crimes, the most serious of whichwas murder in the second degree, as the result of his participation in a burglary that resulted inthe death of the victim. In satisfaction thereof, he pleaded guilty to murder in the second degreeand waived his right to appeal, both orally and in writing. In accordance with the terms of theplea agreement, he was sentenced as a second felony offender to 18 years to life in prison. Henow appeals.
Initially, we reject defendant's contention that his appeal waiver is invalid. The recorddiscloses that County Court explained in detail the legal rights that defendant was forfeiting bypleading guilty and advised him that review by a higher court was foreclosed by his waiver of theright to appeal, which was separate and distinct from his other rights. The court then provideddefendant with a written appeal waiver enumerating the specific rights that he was forfeiting,including any challenge to the severity of the sentence. After reviewing it with counsel, defendantsigned the written waiver in open court and indicated that he understood its ramifications. Inview of the valid appeal waiver, defendant is precluded from challenging the severity of hissentence (see People v Carter, 166AD3d 1212, 1213 [2018]; People vCherry, 166 AD3d 1220, 1221 [2018]).
Lynch, J.P., Clark, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.