People v Oginski

People v Oginski 2014 NY Slip Op 08880 Decided on December 18, 2014 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 18, 2014
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[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

VICTOR OGINSKI, Appellant.

Calendar Date: November 17, 2014
Before: Peters, P.J., Rose, Egan Jr. and Lynch, JJ.

Paul J. Connolly, Delmar, for appellant.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.

Peters, P.J.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered July 25, 2013, convicting defendant upon his plea of guilty of the crimes of sexual abuse in the first degree and endangering the welfare of a child.

Defendant pleaded guilty to sexual abuse in the first degree and endangering the welfare of a child and waived his right to appeal. County Court thereafter sentenced him to the agreed-upon sentence of three years in prison to be followed by seven years of postrelease supervision. Defendant now appeals and we affirm.

Contrary to defendant's contention, based upon our review of the plea colloquy, as well as the counseled written waiver of

appeal he executed in open court, we conclude that defendant was informed that the right to appeal was separate from the rights automatically forfeited by a guilty plea and that he knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v Munger, 117 AD3d 1343, 1343 [2014], lv denied 23 NY3d 1040 [2014]; People v Long, 117 AD3d 1326, 1326 [2014], lv denied 24 NY3d 1003 [2014]). In light of his valid appeal waiver, defendant is precluded from challenging his sentence as harsh and excessive (see People v Fligger, 117 AD3d 1343, 1344 [2014], lv denied 23 NY3d 1061 [2014]; People v Waldron, 115 AD3d 1116, 1117 [2014], lv denied 23 NY3d 969 [2014]).

Rose, Egan Jr. and Lynch, JJ., concur.

ORDERED that the judgment is affirmed.