People v. Colwell

• Decision Date: 13 November 2019
• Docket Number: Ind.No. 7597/16,2017–05548
• Citation: 110 N.Y.S.3d 313 (Mem),177 A.D.3d 766
• Parties: The PEOPLE, etc., Respondent, v. Shannon COLWELL, Appellant.
• Court: New York Supreme Court — Appellate Division

177 A.D.3d 766
110 N.Y.S.3d 313 (Mem)

The PEOPLE, etc., Respondent,
v.
Shannon COLWELL, Appellant.

2017–05548
Ind.No. 7597/16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—September 9, 2019
November 13, 2019

Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Marielle Burnett on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

The defendant's plea of guilty included a waiver of his right to appeal. Contrary to the defendant's contentions, the record amply demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Bradshaw , 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos , 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Batista , 167 A.D.3d 69, 86 N.Y.S.3d 492 ;

110 N.Y.S.3d 314

People v. Howard , 160 A.D.3d 897, 71 N.Y.S.3d 896 ; People v. Brown , 122 A.D.3d 133, 992 N.Y.S.2d 297 ).

Where, as in this case, the defendant has entered "into a guilty plea that includes a valid waiver of the right to appeal, that waiver includes any challenge to the severity of the sentence" ( People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Accordingly, the defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see id. at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.