People v. Keiser

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered July 18, 2005. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10 [4]). Contrary to the contention of defendant, his waiver of the right to appeal is valid. When defendant informed County Court that he did not understand the terms of the plea and the waiver, the court explained the terms and ascertained that defendant understood them. The court then asked defendant to execute a written waiver of the right to appeal, and defendant did so. Thus, we conclude that defendant “knowingly, voluntarily and intelligently waived his right to appeal as part of the plea bargain” (People v Jefferson, 203 AD2d 908 , 908 [1994], lv denied 83 NY2d 968 [1994]), and we conclude that the waiver was obtained under “constitutionally acceptable circumstances” (People v Callahan, 80 NY2d 273 , 283 [1992]). The valid waiver by defendant of the right to appeal encompasses his challenge to the severity of the sentence and also “includes waiver of the right to invoke [this Court’s] interest-of-justice jurisdiction to reduce the sentence” (People v Lopez, 6 NY3d 248 , 255 [2006]). Contrary to the contention raised by defendant in his pro se supplemental brief, the court did not violate CPL