People v. Gasparro
| Decision Date | 19 May 2016 |
| Docket Number | 106601. |
| Citation | 30 N.Y.S.3d 580 (Mem),139 A.D.3d 1247,2016 N.Y. Slip Op. 03909 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Thomas M. GASPARRO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
139 A.D.3d 1247
30 N.Y.S.3d 580 (Mem)
2016 N.Y. Slip Op. 03909
The PEOPLE of the State of New York, Respondent,
v.
Thomas M. GASPARRO, Appellant.
106601.
Supreme Court, Appellate Division, Third Department, New York.
May 19, 2016.
Donna Marie Lasher, Youngsville, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, EGAN JR., DEVINE and MULVEY, JJ.
PETERS, P.J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered November 15, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the second degree (two counts).
Defendant pleaded guilty to two counts of burglary in the second degree in full satisfaction of a six-count indictment, and his plea included a waiver of the right to appeal. Prior to sentencing, defendant moved to withdraw his plea, alleging that it was the result of duress. County Court denied that motion without a hearing and thereafter sentenced defendant to five years in prison, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, the plea colloquy and counseled written waiver executed in open court demonstrate that he validly waived the right to appeal his conviction and sentence (see People v. O'Keefe, 133 A.D.3d 1034, 1034–1035, 19 N.Y.S.3d 196 [2015], lv. denied 26 N.Y.3d 1148, 32 N.Y.S.3d 62, 51 N.E.3d 573 [2016] ; People v. Long, 117 A.D.3d 1326, 1326, 986 N.Y.S.2d 670 [2014], lv. denied 24 N.Y.3d 1003, 997 N.Y.S.2d 121, 21 N.E.3d 573 [2014] ). Defendant's valid waiver of the right to appeal precludes us from reviewing his contention that his sentence is harsh and excessive (see People v. Butler, 134 A.D.3d 1349, 1350, 22 N.Y.S.3d 617 [2015], lvs. denied 27 N.Y.3d 962, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016], 27 N.Y.3d 963, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016]; People v. Bethea, 133 A.D.3d 1033, 1033–1034, 19 N.Y.S.3d 191 [2015] ).
As to defendant's plea, a review of the plea colloquy demonstrates that...
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...Court did not abuse its discretion in denying defendant's motion to withdraw his plea without a hearing (see People v. Gasparro, 139 A.D.3d 1247, 1248, 30 N.Y.S.3d 580 [2016], lv denied 28 N.Y.3d 929, 40 N.Y.S.3d 358, 63 N.E.3d 78 [2016] ; People v. Belile, 137 A.D.3d 1427, 1428, 27 N.Y.S.3......
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