Opinion
1263 KA 17-02219
12-20-2019
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PATRICIA BRAND, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT:
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered October 12, 2017. The judgment convicted defendant upon a plea of guilty of assault in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon a plea of guilty of assault in the second degree (Penal Law § 120.05 [3]). Contrary to her contention, she knowingly, intelligently, and voluntarily waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). The record of the plea proceeding establishes that County Court engaged her in "an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v Steinbrecher, 169 AD3d 1462, 1463 [4th Dept 2019], lv denied 33 NY3d 1108 [2019] [internal quotation marks omitted]). Defendant's valid waiver of the right to appeal encompasses her challenge to the severity of her sentence (see Lopez, 6 NY3d at 255-256).
Entered: December 20, 2019
Mark W. Bennett
Clerk of the Court