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People v. Hershko

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 2011
2011 N.Y. Slip Op. 7653 (N.Y. App. Div. 2011)

Opinion

2010-10529.

Decided on October 25, 2011.

Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered October 15, 2010, convicting her of burglary in the third degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Matthew Muraskin, Port Jefferson, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Judith R. Sternberg of counsel), for respondent.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, THOMAS A. DICKERSON, PLUMMER E. LOTT, JJ.


DECISION ORDER

Where a defendant knowingly, voluntarily, and intelligently waives the right to appeal as part of a bargained-for plea agreement, the waiver will be upheld by the courts ( see People v Walters , 84 AD3d 984 , lv denied 17 NY3d 823; People v Russell , 60 AD3d 706 ). Here, the defendant's valid waiver of her right to appeal forecloses review of the claims she seeks to raise ( see People v Walters , 84 AD3d 984 ; People v Haynes , 70 AD3d 718 ; People v Moore , 67 AD3d 930 ).

RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.


Summaries of

People v. Hershko

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 2011
2011 N.Y. Slip Op. 7653 (N.Y. App. Div. 2011)
Case details for

People v. Hershko

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. ESTHER HERSHKO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 2011

Citations

2011 N.Y. Slip Op. 7653 (N.Y. App. Div. 2011)