Opinion
387 KA 16–00295
04-27-2018
The PEOPLE of the State of New York, Respondent, v. Nicole L. GREEN, also Known as Nicole Green, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO, BARCLAY DAMON LLP (BRIDGET C. STEELE OF COUNSEL), FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO, BARCLAY DAMON LLP (BRIDGET C. STEELE OF COUNSEL), FOR DEFENDANT–APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting her upon her plea of guilty of attempted burglary in the second degree ( Penal Law §§ 110.00, 140.25 [2] ). Contrary to defendant's contention, the record establishes that she knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). That valid waiver forecloses defendant's challenge to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.