People v. Eaton

Jun 30, 2017
903 KA 16-00866
Reporters:
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Before:
Whalen

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of gang assault in the first degree (Penal Law § 120.07). We reject defendant‘s contention that he did not validly waive his right to appeal any issue concerning the severity ofthe sentence. Defendant‘s oral waiver of the right to appeal was accompanied by a written waiver stating that defendant was waiving his right to appeal “issues relating to [his] sentence and conviction” (see People v Ramos, 7 NY3d 737, 738 [2006]; People v McArthur, 149 AD3d 1568, 1568-1569 [2017]), and County Court obtained defendant‘s assurances at the plea proceeding that he had read and understood the written waiver {see People v Lewis, 143 AD3d 1183, 1185 [2016]). The court‘s statements at the plea colloquy and the terms of the written waiver also “adequately apprised defendant that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (People v Sampson, 149 AD3d 1486, 1487 [2017] [internal quotation marks omitted]). Thus, defendant may not challenge the severity of the sentence on this appeal. Present—Whalen, P.J., Carni, Lindley, Curran and Scudder, JJ.