People v. Whitmore

People v Whitmore 2026 NY Slip Op 05572 October 1, 2026 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. The People of the State of New York, Respondent, v Jeffrey B. Whitmore, Appellant. Decided and Entered:October 1, 2026 CR-24-0056 Calendar Date: September 11, 2026 Before: Pritzker, J.P., Reynolds Fitzgerald, Mcshan, Powers And Ryba, JJ. Adam W. Toraya, Albany, for appellant. F. Paul Battisti, District Attorney, Binghamton (Mary E. Saitta of counsel), for respondent. [*1] Appeal from a judgment of the County Court of Broome County (Joseph Cawley, J.), rendered December 14, 2023, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree. Defendant waived indictment and pleaded guilty to a superior court information charging him with criminal possession of a weapon in the third degree and agreed to waive his right to appeal. County Court sentenced defendant, as a second felony offender, to a prison term of 3½ to 7 years to run consecutively to any time owed on parole. Defendant appeals. We affirm. Contrary to defendant's contention, the waiver of his right to appeal is valid. The record establishes that defendant was aware that an appeal waiver was a condition of the plea agreement. County Court explained during the colloquy that the appeal waiver is "completely separate and apart" from the trial-related rights forfeited by the guilty plea, which defendant acknowledged he understood. Defendant also executed a written appeal waiver that also explained the separate and distinct nature of the appeal waiver and specifically set forth certain rights that could not be waived. Defendant assured the court that he reviewed the written appeal waiver with counsel, who had answered all his questions, and that he understood its content. In view of the foregoing, we are satisfied that the combined oral and written appeal waiver establish that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v McNerney, 249 AD3d 1401, 1402 [3d Dept 2026]; People v Randolph, 248 AD3d 1568, 1568 [3d Dept 2026]; People v Roberts, 247 AD3d 1417, 1418-1419 [3d Dept 2026], 45 NY3d 1040 [2026]; People v Lewis, 234 AD3d 1209, 1209-1210 [3d Dept 2025], lv denied 43 NY3d 1009 [2025]). Given the valid appeal waiver, defendant's challenge to the perceived harshness of the sentence is precluded (see People v Rogers, 250 AD3d 1479, 1479 [3d Dept 2026]; People v Provost, 250 AD3d 1477, 1478 [3d Dept 2026]). Pritzker, J.P., Reynolds Fitzgerald, McShan, Powers and Ryba, JJ., concur. ORDERED that the judgment is affirmed.