Opinion
108874
09-27-2018
The PEOPLE of the State of New York, Respondent, v. Naomi ATKINSON, Appellant.
Richard V. Manning, Parishville, for appellant. Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Richard V. Manning, Parishville, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Mulvey and Aarons, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Franklin County (Richards, J.), rendered June 29, 2016, convicting defendant upon her plea of guilty of the crime of burglary in the second degree.
In full satisfaction of a three-count indictment, defendant pleaded guilty to burglary in the second degree and waived the right to appeal. County Court sentenced defendant, as a second felony offender, to the agreed-upon prison term of seven years, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, the record reflects that she validly waived the right to appeal. County Court distinguished the waiver of appeal from the trial-related rights automatically forfeited by a guilty plea, and defendant affirmed her understanding thereof. Defendant also executed a written waiver in open court, which specifically waived any right to argue that the sentence is harsh and excessive, after acknowledging that she had an opportunity to discuss the waiver with counsel and that she understood its contents. Accordingly, we conclude that defendant knowingly, intelligently and voluntarily waived the right to appeal (see People v. Royal , 161 A.D.3d 1217, 1218, 77 N.Y.S.3d 181 [2018] ; People v. Dobbs , 157 A.D.3d 1122, 1122–1123, 68 N.Y.S.3d 781 [2018], lv denied 31 N.Y.3d 983, 77 N.Y.S.3d 661, 102 N.E.3d 438 [2018] ). Given defendant's valid appeal waiver, her challenge to the sentence as harsh and excessive is precluded (see People v. White , 156 A.D.3d 1249, 1249–1250, 65 N.Y.S.3d 812 [2017], lv denied 31 N.Y.3d 988, 77 N.Y.S.3d 665, 102 N.E.3d 442 [2018] ; People v. Williams, 155 A.D.3d 1253, 1254, 64 N.Y.S.3d 742 [2017], lv denied 31 N.Y.3d 1089, 79 N.Y.S.3d 111, 103 N.E.3d 1258 [2018] ).
ORDERED that the judgment is affirmed.
Garry, P.J., Lynch, Clark, Mulvey and Aarons, JJ., concur.