People v. White
| Citation | 2016 N.Y. Slip Op. 08568,44 N.Y.S.3d 247,145 A.D.3d 1324 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Shannon WHITE, Appellant. |
| Decision Date | 22 December 2016 |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 1324
44 N.Y.S.3d 247
2016 N.Y. Slip Op. 08568
The PEOPLE of the State of New York, Respondent,
v.
Shannon WHITE, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Dec. 22, 2016.
William T. Morrison, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Before: PETERS, P.J., McCARTHY, EGAN JR., LYNCH and DEVINE, JJ.
DEVINE, J.
Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered January 26, 2015, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
Defendant pleaded guilty to criminal sale of a controlled substance in the third degree in full satisfaction of an eight-count indictment with the understanding that he would be sentenced to a prison term of between 8 and 10 years, and the plea agreement included a waiver of the right to appeal. County Court thereafter sentenced defendant, as a second felony offender, to nine years in prison, to be followed by two years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, his waiver of the right to appeal was valid. Both County Court and the detailed written waiver executed by
defendant in open court
informed him that the right to appeal is separate and distinct from the rights forfeited by a guilty plea, and the court confirmed that he had discussed the waiver with counsel and understood its ramifications. Accordingly, we conclude that defendant knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v. Pandori, 133 A.D.3d 1044, 1045, 19 N.Y.S.3d 197 [2015] ; People v....
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...other pro se assertions regarding counsel's alleged deficiencies are precluded by his valid appeal waiver (see People v. White, 145 A.D.3d 1324, 1325, 44 N.Y.S.3d 247 [2016] ), as is his challenge to the severity of the sentence (see People v. McCall, 146 A.D.3d 1156, 1157, 44 N.Y.S.3d 795 ......
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