People v. Joyce
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
We affirm. Initially, taking into consideration all of the relevant facts and circumstances surrounding defendant’s appeal waiver — including his age — we find that the waiver was knowing, intelligent and voluntary (see People v Romano, 45 AD3d 910, 914 [2007], lv denied 10 NY3d 770 [2008]). The record demonstrates that County Court adequately explained the terms of the plea, including that defendant was waiving his right to appeal separately from those other rights that he was forfeiting, the written appeal waiver was completed in open court and defendant stated that he discussed the waiver…
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