PEOPLE v. CAMPBELL (1997)

Upon our review of the record, we find no evidence to support the contention of defendant that his guilty plea was coerced by County Court's threats to impose a heavier sentence if defendant chose to proceed to trial.   The court, “while impressing upon defendant the strength of the People's case, the potential sentence to which defendant was exposed under the indictment, and the favorableness of the plea bargain, reiterated throughout the colloquy that the decision to either plead guilty or go to trial remained with the defendant” (People v. Crafton, 159 A.D.2d 271, 271-272, 552 N.Y.S.2d 273, lv. denied 76 N.Y.2d 733, 558 N.Y.S.2d 895, 557 N.E.2d 1191).   Indeed, the Judge specifically advised defendant that another Judge would preside over defendant's trial and properly sought to ascertain that defendant understood the serious consequences of rejecting a favorable plea and sentencing offer.

The record also establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal (see, People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108;  People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022).   That waiver encompasses the contention of defendant regarding the purported excessiveness of his negotiated sentence (see, People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170;  People v. Griggs, 199 A.D.2d 1073, 608 N.Y.S.2d 904, lv. denied 83 N.Y.2d 853, 612 N.Y.S.2d 385, 634 N.E.2d 986;  People v. Burk, 181 A.D.2d 74, 75, 586 N.Y.S.2d 140, lv. denied 80 N.Y.2d 927, 589 N.Y.S.2d 855, 603 N.E.2d 960).

Judgment unanimously affirmed.

MEMORANDUM: