Opinion
847 KA 17–01340
06-29-2018
The PEOPLE of the State of New York, Respondent, v. Diana M. FLINN, Defendant–Appellant.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court, Niagara County ( Richard C. Kloch, Sr., A.J.), rendered June 5, 2017. The judgment convicted defendant, upon her plea of guilty, of vehicular assault in the first degree, aggravated unlicensed operation of a motor vehicle in the first degree and misdemeanor driving while intoxicated.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of, inter alia, vehicular assault in the first degree ( Penal Law § 120.04[4] ). We reject defendant's contention that her waiver of the right to appeal is invalid. Contrary to defendant's contention, Supreme Court " ‘did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea’ " ( People v. Mills, 151 A.D.3d 1744, 1745, 57 N.Y.S.3d 298 [4th Dept. 2017], lv denied 29 N.Y.3d 1131, 64 N.Y.S.3d 681, 86 N.E.3d 573 [2017] ), and "the court engaged defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( id. [internal quotation marks omitted] ). Defendant's valid waiver of the right to appeal encompasses her contention that the sentence imposed is unduly harsh and severe (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] ).