Opinion
KA 03-01221.
Decided April 30, 2004.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered March 24, 2003. The judgment convicted defendant, upon her plea of guilty, of attempted burglary in the second degree.
CHARLES J. GREENBERG, BUFFALO, FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., PINE, KEHOE, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Although we agree with defendant that her waiver of the right to appeal was not valid because the record is devoid of evidence that she understood the rights being waived ( see People v. DeSimone, 80 N.Y.2d 273, 283; People v. Harris, 4 A.D.3d 767; cf. People v. Seaberg, 74 N.Y.2d 1, 11), we conclude that the bargained-for sentence is neither unduly harsh nor severe. We further conclude that defendant received meaningful representation ( see generally People v. Baldi, 54 N.Y.2d 137, 147).