From Casetext: Smarter Legal Research

People v. Fatico

Supreme Court, Appellate Division, Fourth Department, New York.
Jul 19, 2013
108 A.D.3d 1214 (N.Y. App. Div. 2013)

Opinion

2013-07-19

The PEOPLE of the State of New York, Respondent, v. Teara FATICO, Defendant–Appellant.

David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.



David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

MEMORANDUM:

On appeal from a judgment convicting her, upon her plea of guilty, of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30[2] ), defendant contends that her waiver of the right to appeal is unenforceable and that her sentence is unduly harsh and severe. Contrary to defendant's contention, County Court, during the plea colloquy, did not conflate the waiver of the right to appeal with those rights automatically forfeited by the plea ( see People v. Richards, 93 A.D.3d 1240, 1240, 940 N.Y.S.2d 431,lv. denied20 N.Y.3d 1014, 960 N.Y.S.2d 357, 984 N.E.2d 332), and we conclude that her waiver of the right to appeal was otherwise knowingly,voluntarily, and intelligently entered ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Pratt, 77 A.D.3d 1337, 1337, 908 N.Y.S.2d 493,lv. denied15 N.Y.3d 955, 917 N.Y.S.2d 115, 942 N.E.2d 326). Defendant's valid waiver of the right to appeal encompasses her challenge to the severity of the sentence ( see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Strickland, 103 A.D.3d 1178, 1178, 958 N.Y.S.2d 640).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.


Summaries of

People v. Fatico

Supreme Court, Appellate Division, Fourth Department, New York.
Jul 19, 2013
108 A.D.3d 1214 (N.Y. App. Div. 2013)
Case details for

People v. Fatico

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Teara FATICO…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jul 19, 2013

Citations

108 A.D.3d 1214 (N.Y. App. Div. 2013)
969 N.Y.S.2d 368
2013 N.Y. Slip Op. 5406

Citing Cases

People v. Fatico

Lippman4th Dept.: 108 A.D.3d 1214, 969 N.Y.S.2d 368 (Niagara) Lippman,…