Opinion
KA 17–00609 367
03-16-2018
The PEOPLE of the State of New York, Respondent, v. Lisa M. KISH, Defendant–Appellant.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting her upon her plea of guilty of attempted promoting prison contraband in the first degree ( Penal Law §§ 110.00, 205.25[2] ). Contrary to defendant's contention, the record establishes that she knowingly, voluntarily and intelligently waived her 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] ), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; 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] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.