Opinion
106929.
02-11-2016
The PEOPLE of the State of New York, Respondent, v. Louis E. COTA, Appellant.
Lisa A. Burgess, Indian Lake, for appellant. Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Lisa A. Burgess, Indian Lake, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.
Opinion
CLARK, J.
Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered March 31, 2014 in Clinton County, convicting defendant upon his plea of guilty of the crimes of rape in the third degree (two counts), perjury in the first degree and criminal contempt in the second degree.
In satisfaction of a multicount indictment, defendant pleaded guilty to two counts of rape in the third degree, perjury in the first degree and criminal contempt in the second degree and waived his right to appeal. Defendant was sentenced, in accordance with the terms of the plea agreement, to an aggregate prison term of eight years followed by five years of postrelease supervision. Defendant now appeals.
Defendant's contention that his waiver of the right to appeal is invalid is belied by the record. A review of the plea colloquy reflects that Supreme Court separately addressed and explained the nature of the appeal waiver from those rights that are automatically forfeited upon a plea of guilty, and elicited from defendant that he understood and agreed to waive his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 2006; People v. Tyler, 130 A.D.3d 1383, 1384, 14 N.Y.S.3d 570 2015 ). Furthermore, the record demonstrates that defendant executed a written appeal waiver in open court after reviewing it with defense counsel (see People v. Tyler, 130 A.D.3d at 1384, 14 N.Y.S.3d 570; People v. Turner, 126 A.D.3d 1228, 1229, 5 N.Y.S.3d 612 2015 ). Under these circumstances, we find that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 2011; People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Sibounhome, 125 A.D.3d 1059, 1059, 3 N.Y.S.3d 192 2015 ). As such, defendant's contention that he was improperly denied the right to a CPL 420.20 hearing to defer mandatory surcharge fees is precluded by the valid waiver of the right to appeal (see People v. Johnson, 60 A.D.3d 1496, 1497, 876 N.Y.S.2d 282 2009, lv. denied 12 N.Y.3d 926, 884 N.Y.S.2d 707, 912 N.E.2d 1088 2009; People v. Camacho, 4 A.D.3d 862, 862, 771 N.Y.S.2d 481 2004, lv. denied 2 N.Y.3d 761, 778 N.Y.S.2d 779, 811 N.E.2d 41 2004 ).
ORDERED that the judgment is affirmed.
PETERS, P.J., GARRY, EGAN JR. and DEVINE, JJ., concur.