People v Kruger

People v Kruger 2009 NY Slip Op 09044 [68 AD3d 784] December 1, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Kevin Kruger, Appellant.

—[*1] Ostrer Rosenwasser, LLP, Chester, N.Y. (Benjamin Ostrer of counsel), for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Dunnock and Andrew R. Kass of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 22, 2007, convicting him of burglary in the first degree, upon a plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to the judgment convicting him of burglary in the first degree, upon his plea of guilty, is barred because the plea encompassed a waiver of his right to appeal, and the waiver was knowingly, voluntarily, and intelligently made, and was not coerced (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Finn, 63 AD3d 755, 756 [2009], lv denied 13 NY3d 744 [2009]; People v Alqam, 49 AD3d 776 [2008]). Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.