People v. Lewis
| Decision Date | 04 February 2010 |
| Citation | 70 A.D.3d 1068,897 N.Y.S.2d 261 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Morris R. LEWIS Jr., Appellant. |
| Court | New York Supreme Court — Appellate Division |
70 A.D.3d 1068
The PEOPLE of the State of New York, Respondent,
v.
Morris R. LEWIS Jr., Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Feb. 4, 2010.
Paul J. Connolly, Delmar, for appellant.
James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent.
Before: CARDONA, P.J., MERCURE, MALONE JR., KAVANAGH and McCARTHY, JJ.
MERCURE, J.
Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered March 9, 2009, convicting defendant upon his plea of guilty of the crimes of rape in the first degree, sexual abuse in the first degree and unlawful imprisonment in the second degree.
Defendant pleaded guilty to the crimes of rape in the first degree, sexual abuse in the first degree and unlawful imprisonment in the second degree and waived his right to appeal. He was thereafter sentenced to an aggregate prison term of 15 years to be followed by 10 years of postrelease supervision, and now appeals.
We affirm. Defendant argues that the waiver of his right to appeal was not valid. However, as part of the negotiated plea agreement, County Court explained that defendant was waiving his right to appeal, and defendant confirmed that he understood the waiver and had discussed the matter with counsel. In addition, defendant executed a written waiver in which he acknowledged the right and that he had discussed the consequences of the waiver with counsel and that he was waiving the right voluntarily. As a result, we conclude that defendant validly waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006]; People v. Motz, 52 A.D.3d 1029, 1031, 859 N.Y.S.2d 531 [2008], lv. denied 11 N.Y.3d 791, 866 N.Y.S.2d 618, 896 N.E.2d 104 [2008]; People v. Mosher, 45 A.D.3d 970, 970, 845 N.Y.S.2d 174 [2007], lv. denied 10 N.Y.3d 814, 857 N.Y.S.2d 47, 886 N.E.2d 812 [2008] ). Insofar as defendant validly waived his right to appeal, he is precluded from challenging his sentence as harsh and excessive ( see People v. Platero, 63 A.D.3d 1446, 1446, 880 N.Y.S.2d 591 [2009], lv. denied 13 N.Y.3d 861, 891 N.Y.S.2d 696, 920 N.E.2d 101 [2009]; People v. Robles, 53 A.D.3d 686, 688, 861 N.Y.S.2d 180 [2008], ...
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