People v. Page

Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.

Before: PETERS, P.J., EGAN JR., ROSE and DEVINE, JJ.

Appeal from a judgment of the Supreme Court (Lawliss, J.), entered December 9, 2013 in Clinton County, convicting defendant upon his plea of guilty of the crime of predatory sexual assault against a child.

Defendant was charged in a 10–count indictment with various crimes as a result of his inappropriate sexual contact with the eight-year-old victim. In satisfaction thereof, he pleaded guilty to predatory sexual assault against a child and waived his right to appeal both orally and in writing. In accordance with the plea agreement, he was sentenced to 20 years to life in prison and was ordered to pay the mandatory surcharge and other fees, as well as restitution. Defendant now appeals.

Contrary to defendant's initial contention, his waiver of the right to appeal was valid. Supreme Court explained the right to appeal to defendant, who acknowledged understanding that he would be expected to waive it. Defendant was then provided with a detailed written waiver advising him that he had the right to appeal from the conviction and sentence “result[ing] from this plea,” but was expected to give it up as a component of the plea agreement and confirmed that he was doing so after discussing the matter with defense counsel. Defendant waived his right to appeal (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006] ; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Griffin, 134 A.D.3d 1228, 1229, 20 N.Y.S.3d 738 [2015] ).

Defendant's challenge to the severity of his sentence is precluded by his valid appeal waiver (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Griffin, 134 A.D.3d at 1231, 20 N.Y.S.3d 252 ). His remaining argument, that Supreme Court erred in failing to defer payment of the mandatory surcharge and fees, is unpreserved due to his failure to request that relief before Supreme Court (see People v. Jackson, 129 A.D.3d 1342, 1342, 10 N.Y.S.3d 368 [2015] ; People v. Abdus–Samad, 274 A.D.2d 666, 666–667, 712 N.Y.S.2d 63 [2000], lv. denied 95 N.Y.2d 862, 715 N.Y.S.2d 217, 738 N.E.2d 365 [2000] ).

ORDERED that the judgment is affirmed.

PETERS, P.J., EGAN JR., ROSE and DEVINE, JJ., concur.