PEOPLE v. MIREL RJ (2021)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered September 27, 2018, convicting defendant upon his plea of guilty of the crimes of money laundering in the second degree, grand larceny in the second degree, scheme to defraud in the first degree and criminal tax fraud in the third degree.

In satisfaction of a 29–count indictment, defendant pleaded guilty to money laundering in the second degree, grand larceny in the second degree, scheme to defraud in the first degree and criminal tax fraud in the third degree and was required to waive his right to appeal.  In accordance with the terms of the plea agreement, defendant was sentenced to concurrent prison terms of 5 to 15 years for his convictions of money laundering in the second degree and grand larceny in the second degree and to lesser concurrent prison terms for the remaining convictions.  Defendant appeals.

Contrary to defendant's contention, his waiver of the right to appeal was valid.  County Court advised defendant that the waiver was a condition of his plea agreement and explained the separate and distinct nature of the waiver.  County Court also explained the ramifications of the waiver and advised defendant that certain issues survive the waiver, and defendant confirmed his understanding thereof.  Defendant then executed a written waiver after conferring with counsel, and he assured County Court that he understood its contents and was voluntarily waiving the right to appeal.  Accordingly, and insofar as we discern no other infirmities of the waiver (compare People v. Thomas, 34 N.Y.3d 545, 562–563, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019]), we are satisfied that defendant's appeal waiver was knowing, intelligent and voluntary (see People v. Eaton, 182 A.D.3d 922, 923, 120 N.Y.S.3d 887 [2020];  People v. Weidenheimer, 181 A.D.3d 1096, 1097, 122 N.Y.S.3d 149 [2020]).  Consequently, defendant is precluded from challenging the severity of the sentence (see People v. Pribble, 190 A.D.3d 1194, 1195, 136 N.Y.S.3d 922 [2021];  People v. Williams, 185 A.D.3d 1352, 1353, 126 N.Y.S.3d 440 [2020], lv denied 35 N.Y.3d 1116, 133 N.Y.S.3d 526, 158 N.E.3d 543 [2020]).

ORDERED that the judgment is affirmed.

Egan Jr., J.P., Lynch, Clark, Aarons and Reynolds Fitzgerald, JJ., concur.