| People v Loffler |
| 2019 NY Slip Op 08739 [178 AD3d 1152] |
| December 5, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Gary Lee Loffler, Appellant. |
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Letitia James, Attorney General, New York City (Priscilla Steward of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), renderedNovember 30, 2017, convicting defendant upon his plea of guilty of the crime of attemptedcriminal possession of a controlled substance in the third degree.
Defendant was charged in a multicount indictment with conspiracy in the second degree andcriminal sale of a controlled substance in the third degree as the result of his involvement in alarge-scale drug distribution network. In satisfaction thereof, he pleaded guilty to attemptedcriminal possession of a controlled substance in the third degree and agreed to waive his right toappeal. In accordance with the terms of the plea agreement, he was sentenced as a second felonyoffender to five years in prison, followed by three years of postrelease supervision. Defendantappeals.
Initially, defendant contends that his appeal waiver is unenforceable. We disagree. Therecord discloses that County Court advised defendant that the plea agreement included a waiverof the right to appeal, which was separate and distinct from the other rights that he was forfeitingby pleading guilty. The court also specifically enumerated those rights that were not forfeited bythe appeal waiver. Furthermore, the court presented defendant with a written waiver thatdefendant signed after conferring with counsel and confirming that he understood itsramifications. Notably, the written waiver specifically stated that it encompassed, among otherthings, any challenge to the severity of the sentence. Accordingly, inasmuch as the recorddiscloses that defendant's waiver of appeal was knowing, voluntary and intelligent, his challengeto the severity of the sentence is foreclosed (see People v Thacker, 173 AD3d 1360, 1360-1361 [2019], lvdenied 34 NY3d 938 [2019]; Peoplev White, 172 AD3d 1822, 1823 [2019], lv denied 33 NY3d 1110 [2019]).
Garry, P.J., Devine, Aarons and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.