PEOPLE v. SEALEY (2025)

MEMORANDUM AND ORDER

Appeals (1) from a judgment of the County Court of Albany County (Andra Ackerman, J.), rendered March 19, 2021, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree, and (2) from a judgment of said court, rendered March 19, 2021, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

In satisfaction of two indictments and other pending charges, defendant pleaded guilty to two counts – one count from each indictment – of criminal possession of a weapon in the second degree and agreed to waive his right to appeal.  Consistent with the agreed-upon sentencing range, County Court sentenced defendant to concurrent prison terms of 12 years, to be followed by five years of postrelease supervision.  Defendant appeals.

We are unpersuaded by defendant's contention that the waiver of his right to appeal is invalid.  To that end, County Court explained the separate and distinct nature of the waiver of the right to appeal from the rights forfeited by his guilty plea, advised defendant that it encompassed most, but not all, claims of errors, and explicitly identified various rights that survived – all of which defendant acknowledged he understood.  Despite also executing a written waiver that this Court has previously found to contain overbroad language (see People v. Smith, 232 A.D.3d 942, 942, 221 N.Y.S.3d 341 [3d Dept. 2024];  People v. Ellis, 229 A.D.3d 1006, 1006–1007, 214 N.Y.S.3d 265 [3d Dept. 2024]), the oral colloquy cured any defect therein.  Contrary to defendant's contention, we find that the record is sufficient to demonstrate that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v. Smith, 232 A.D.3d at 942–943, 221 N.Y.S.3d 341;  People v. Darling, 229 A.D.3d 907, 908, 214 N.Y.S.3d 260 [3d Dept. 2024], lv denied 42 N.Y.3d 1035, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2024];  People v. Taylor, 228 A.D.3d 1144, 1145, 213 N.Y.S.3d 551 [3d Dept. 2024], lv denied 42 N.Y.3d 1022, 221 N.Y.S.3d 491, 246 N.E.3d 934 [2024]).  In addition, defendant's contention that the appeal waiver does not encompass a challenge to the severity of the sentence imposed because he was not informed of the potential maximum sentence exposure is belied by the record.  Accordingly, the valid appeal waiver precludes any challenge to the perceived severity of the sentence (see People v. Patterson, 228 A.D.3d 1138, 1139–1140, 213 N.Y.S.3d 549 [3d Dept. 2024];  People v. Miller, 227 A.D.3d 1232, 1233, 209 N.Y.S.3d 674 [3d Dept. 2024], lv denied 41 N.Y.3d 1020, 214 N.Y.S.3d 324, 237 N.E.3d 1264 [2024]).

ORDERED that the judgments are affirmed.

Aarons, J.P., Lynch, Ceresia, McShan and Powers, JJ., concur.