Opinion
06-30-2017
The PEOPLE of the State of New York, Respondent, v. Lawrence EATON, also Known as Lawrence Styles, Defendant–Appellant.
Donald R. Gerace, Utica, for defendant-appellant. Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.
Donald R. Gerace, Utica, for defendant-appellant.
Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.
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 of the 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 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. McArthur, 149 A.D.3d 1568, 1568–1569, 52 N.Y.S.3d 600 ), 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 A.D.3d 1183, 1185, 40 N.Y.S.3d 605 ). 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 A.D.3d 1486, 1487, 52 N.Y.S.3d 767 [internal quotation marks omitted] ). Thus, defendant may not challenge the severity of the sentence on this appeal.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CARNI, LINDLEY, CURRAN, and SCUDDER, JJ., concur.