PEOPLE v. HUGHES (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of St. Lawrence County (Gregory Storie, J.), rendered March 8, 2024, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In satisfaction of a three-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree with the understanding that he would be sentenced to 31/212 years in prison, to be followed by two years of postrelease supervision.  The plea agreement also required defendant to waive his right to appeal.  County Court thereafter imposed the agreed-upon sentence.  Defendant appeals.

We affirm.  Contrary to defendant's claim, we find that he validly waived his right to appeal.  County Court advised defendant that the right to appeal was separate and distinct from those rights forfeited by a guilty plea and expressly delineated the appellate rights that survive the waiver, which defendant affirmed he understood (see People v. Patterson, 233 A.D.3d 1204, 1205, 221 N.Y.S.3d 794 [3d Dept. 2024];  People v. Delosh, 227 A.D.3d 1276, 1276, 212 N.Y.S.3d 464 [3d Dept. 2024]).  Defendant also signed a written appeal waiver that we find is valid, and assured the court that he had reviewed it with counsel and understood its ramifications (see People v. Berry, 236 A.D.3d 1199, 1200, 229 N.Y.S.3d 692 [3d Dept. 2025];  People v. Cali, 229 A.D.3d 940, 941, 215 N.Y.S.3d 222 [3d Dept. 2024]).  “Although defendant acknowledged his guilt prior to waiving his right to appeal, the court did not accept the plea until after defendant was sufficiently advised of and waived his appellate rights” (People v. Muller, 217 A.D.3d 1269, 1270, 192 N.Y.S.3d 306 [3d Dept. 2025] [citation omitted], lv denied 40 N.Y.3d 1093, 204 N.Y.S.3d 793, 228 N.E.3d 606 [2024];  see People v. Snyder, 235 A.D.3d 1072, 1073, 226 N.Y.S.3d 698 [3d Dept. 2025]).  Accordingly, defendant's waiver of the right to appeal was knowing, intelligent and voluntary (see People v. Snyder, 235 A.D.3d at 1073, 226 N.Y.S.3d 698;  People v. Delosh, 227 A.D.3d at 1277, 212 N.Y.S.3d 464).  Given his valid appeal waiver, defendant's challenge to County Court's denial of his suppression motion is precluded (see People v. Robinson, 236 A.D.3d 1182, 1183, 229 N.Y.S.3d 676 [3d Dept. 2025];  People v. Washington, 206 A.D.3d 1278, 1280, 170 N.Y.S.3d 329 [3d Dept. 2022], lv denied 39 N.Y.3d 942, 177 N.Y.S.3d 538, 198 N.E.3d 781 [2022]).

ORDERED that the judgment is affirmed.

Aarons, J.

Garry, P.J., Clark, Lynch and Powers, JJ., concur.