People v. Koumjian

• Citation: 2012 N.Y. Slip Op. 08361,101 A.D.3d 1175,954 N.Y.S.2d 710
• Parties: The PEOPLE of the State of New York, Respondent, v. James KOUMJIAN, Appellant.
• Decision Date: 06 December 2012
• Court: New York Supreme Court Appellate Division

101 A.D.3d 1175

954 N.Y.S.2d 710

2012 N.Y. Slip Op. 08361

The PEOPLE of the State of New York, Respondent,

v.James KOUMJIAN, Appellant.

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

Dec. 6, 2012.

Mark Diamond, Albany, for appellant.

Robert M. Carney, District Attorney, Schenectady (John R. Healy of counsel), for respondent.

Before: PETERS, P.J., ROSE, LAHTINEN, MALONE JR. and GARRY, JJ.

GARRY, J.

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered October 22, 2010, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree (three counts).

In satisfaction of a 76–count indictment stemming from repeated thefts from his employer, defendant pleaded guilty to three counts of grand larceny in the third degree. Defendant further waived his right to appeal and agreed to pay a specified amount of restitution to his employer, with County Court committing in return to impose a prison term of no more than 2 to 6 years upon each count, amounting to an aggregate prison sentence of 6 to 18 years. County Court ultimately imposed that sentence and ordered defendant to pay restitution, and he appeals.

We affirm. During the plea colloquy, County Court fully and separately explained the import of an appeal waiver to defendant, who expressed his understanding of its ramifications, then reviewed a detailed written waiver with defense counsel and executed it. Defendant thus validly waived his right to appeal his conviction and sentence, which precludes our review of his claims that the sentence was harsh and excessive and that the agreed-upon sum of restitution ordered lacked sufficient record support ( see People v. Lopez, 97 A.D.3d 853, 853–854, 948 N.Y.S.2d 174 [2012],lv. denied19 N.Y.3d 1027, 953 N.Y.S.2d 560, 978 N.E.2d 112 [2012];People v. Dishaw, 81 A.D.3d 1035, 1037, 916 N.Y.S.2d 295 [2011],lv. denied16 N.Y.3d 858, 923 N.Y.S.2d 420, 947 N.E.2d 1199 [2011] ). Finally, defendant was appropriately sentenced to consecutive terms of imprisonment as he pleaded guilty to three counts of larceny that involved “wholly distinct acts of stealing from” his employer ( People v. Barreau, 232 A.D.2d 238, 239, 648 N.Y.S.2d 544 [1996],lv. denied89 N.Y.2d 1032, 659 N.Y.S.2d 862, 681 N.E.2d 1309 [1997];see People v. Morrison, 290 A.D.2d 808, 809–810, 736 N.Y.S.2d 204 [2002],lv. denied98 N.Y.2d 653, 745 N.Y.S.2d 512, 772 N.E.2d 615 [2002] ).

ORDERED that the judgment is affirmed.

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