| People v Duryea |
| 2014 NY Slip Op 02306 [116 AD3d 709] |
| April 2, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Brett Duryea, Appellant. |
—[*1]
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for
respondent.
Appeals by the defendant from two judgments of the County Court, Suffolk County (Condon, J.), both rendered February 24, 2011, convicting him of burglary in the third degree (five counts) and unauthorized use of a motor vehicle in the first degree under indictment No. 750-09 and burglary in the third degree (three counts), unauthorized use of a motor vehicle in the first degree, grand larceny in the third degree (two counts), criminal mischief in the third degree, reckless driving, criminal possession of a controlled substance in the seventh degree, and resisting arrest under indictment No. 1083-10, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant contends that the County Court's warnings concerning the
consequences of his failure to comply with the terms and conditions of his plea
agreement were insufficient. In the plea colloquy, the court set forth certain conditions
and adequately warned the defendant that it would impose eight consecutive
indeterminate terms of imprisonment of 2
The defendant validly waived his right to appeal. At the plea allocution, the County Court sufficiently advised the defendant of the nature of the right to appeal, and the record establishes that the defendant knowingly, voluntarily, and intelligently waived that right (see People v Lopez, 6 NY3d 248, 254-255 [2006] People v Eccleston, 113 AD3d 699 [2014] cf. People v Bradshaw, 18 NY3d 257 [2011]). Accordingly, appellate review of his contention that his enhanced sentence is excessive is precluded by the appeal waiver (see People v Lococo, 92 NY2d 825, 827 [1998] People v Smith, 102 AD3d 896, 897 [2013] People v Bullock, 54 AD3d 959 [2008] People v Ruiz, 48 AD3d 834 [2008] People v Miles, 268 AD2d 489, 489-490 [2000]). Dillon, J.P., Leventhal, Chambers and LaSalle, JJ., concur.