| People v Fedderman |
| 2019 NY Slip Op 01682 [170 AD3d 1279] |
| March 7, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Michael Fedderman, Appellant. |
Cliff Gordon, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Kristin L. Hackett of counsel), forrespondent.
Appeal from a judgment of the County Court of Sullivan County (Schick, J.), rendered May12, 2017, convicting defendant upon his plea of guilty of the crimes of assault in the seconddegree (two counts) and endangering the welfare of an incompetent or physically disabled personin the first degree.
Defendant pleaded guilty to assault in the second degree (two counts) and endangering thewelfare of an incompetent or physically disabled person in the first degree, with theunderstanding that he would be sentenced to a prison term of no less than three years and nomore than 13 years, to be followed by five years of postrelease supervision, and he waived theright to appeal. County Court thereafter sentenced him, as a second felony offender, toconsecutive sentences of five years in prison on each assault conviction, to be followed by fiveyears of postrelease supervision, and 2 to 4 years in prison for the endangering conviction, withthat sentence to run concurrently with the sentences imposed on the assault convictions.Defendant appeals.
We affirm. We reject defendant's claim that his waiver of the right to appeal was invalid.County Court explained the nature of the waiver and that the right to appeal was separate anddistinct from the rights automatically forfeited by a guilty plea, and defendant affirmed hisunderstanding thereof (see People vLopez, 6 NY3d 248, 256 [2006]; People v Dobbs, 157 AD3d 1122, 1122 [2018], lv denied31 NY3d 983 [2018]). Defendant also executed a written waiver that described the scope of theappellate rights being waived and included defendant's acknowledgment that he had sufficienttime to discuss the waiver with counsel. Under these circumstances, we conclude that defendantknowingly, intelligently and voluntarily waived the right to appeal (see People v Strack, 166 AD3d1171, 1172 [2018]; People vHopper, 153 AD3d 1045, 1046 [2017], lv denied 30 NY3d 1061 [2017]).Accordingly, defendant's challenge to the severity of his sentence is precluded (see People v Nieves, 163 AD3d1359, 1360 [2018], lv denied 32 NY3d 1006 [2018]; People v Ward, 161 AD3d 1488,1488 [2018], lv denied 32 NY3d 942 [2018]).
Garry, P.J., Egan Jr., Lynch, Devine and Aarons, JJ., concur. Ordered that the judgment isaffirmed.