Majority
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered October 4, 2013, convicting defendant, upon his plea of guilty, of burglary in the third degree and petit larceny, and sentencing him, as a second felony offender, to an aggregate term of 3 to 6 years, unanimously affirmed.
Defendant knowingly, intelligently and voluntarily pleaded guilty, and the court properly exercised its discretion in denying his motion to withdraw his plea (see People v Alexander, 97 NY2d 482 , 486 [2002]). The court accorded defendant a suitable opportunity to be heard on the plea withdrawal motion. There is no indication that defendant’s mental illness impaired the voluntariness of his plea. At the time of the plea, the court
Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained to defendant that, as part of his plea bargain, he was agreeing to waive his right to appeal, specifically including the right to make an excessive sentence claim, and defendant acknowledged that he understood this. Defendant also signed a written waiver.
The valid waiver forecloses review of defendant’s excessive sentence claim. As an alternative holding, we find no basis for reducing the sentence.
Concur — Tom, J.P., Andrias, Moskowitz and Richter, JJ.
Cases cited
- People v. Alexander 97 NY2d 482 at 486 p. 573
- People v. Lopez 6 NY3d 248 p. 574