Opinion
2011-10-25
The PEOPLE, etc., respondent,v.Esther HERSHKO, appellant.
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.
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.
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 A.D.3d 984, 921 N.Y.S.2d 888, lv. denied 17 N.Y.3d 823, 929 N.Y.S.2d 812, 954 N.E.2d 103; People v. Russell, 60 A.D.3d 706, 873 N.Y.S.2d 503). 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 A.D.3d 984, 921 N.Y.S.2d 888; People v. Haynes, 70 A.D.3d 718, 893 N.Y.S.2d 284; People v. Moore, 67 A.D.3d 930, 888 N.Y.S.2d 416).
RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.