Opinion
2021-07345 Ind. No. 25/20
12-07-2022
The PEOPLE, etc., respondent, v. Chelsea J. JOHNSON, appellant.
Samuel S. Coe, White Plains, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
Samuel S. Coe, White Plains, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
COLLEEN D. DUFFY, J.P., FRANCESCA E. CONNOLLY, PAUL WOOTEN, JANICE A. TAYLOR, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J., at plea; Hyun Chin Kim, J., at sentence), rendered March 29, 2021, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that she was deprived of due process because the judge who presided over her plea proceeding did not preside over her sentencing proceeding is unpreserved for appellate review, since the defendant made no objection to a different judge presiding over the sentencing proceeding (see People v. Gainer, 207 A.D.3d 745, 172 N.Y.S.3d 454 ). In any event, the defendant's contention is without merit (see People v. Simmons, 169 Misc.2d 525, 528, 646 N.Y.S.2d 245 [Crim. Ct., Kings County] ; see e.g. People v. Carpiochuqui, 201 A.D.3d 945, 157 N.Y.S.3d 754 ; People v. Mimms, 187 A.D.3d 1215, 131 N.Y.S.3d 641 ).
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Jensen, 205 A.D.3d 926, 166 N.Y.S.3d 579 ). The defendant's valid waiver of her right to appeal precludes appellate review of her contention that the sentence imposed was excessive (see People v. Campbell, 192 A.D.3d 822, 823, 139 N.Y.S.3d 863 ; People v. Smalls, 128 A.D.3d 1229, 1230, 9 N.Y.S.3d 700 ). The defendant's remaining contention is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction.
DUFFY, J.P., CONNOLLY, WOOTEN and TAYLOR, JJ., concur.