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People v. McMorris

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 9, 2017
53 N.Y.S.3d 870 (N.Y. App. Div. 2017)

Opinion

06-09-2017

The PEOPLE of the State of New York, Respondent, v. Lakusha M. McMORRIS, Defendant–Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for defendant-appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.


The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for defendant-appellant.

Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting her upon her plea of guilty of attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39[1] ). Contrary to defendant's contention, the record establishes that County Court did not conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea (see People v. McCrea, 140 A.D.3d 1655, 1655, 32 N.Y.S.3d 778, lv. denied 28 N.Y.3d 933, 40 N.Y.S.3d 361, 63 N.E.3d 81 ). The court " ‘expressly ascertained from defendant that, as a condition of the plea, [s]he was agreeing to waive [her] right to appeal’ " (id. ), and the court expressly advised defendant that the waiver included any challenge to the severity of the sentence. Defendant is therefore foreclosed from challenging the severity of the negotiated sentence (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

CARNI, J.P., CURRAN, TROUTMAN, WINSLOW, and SCUDDER, JJ., concur.


Summaries of

People v. McMorris

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 9, 2017
53 N.Y.S.3d 870 (N.Y. App. Div. 2017)
Case details for

People v. McMorris

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Lakusha M. McMORRIS…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jun 9, 2017

Citations

53 N.Y.S.3d 870 (N.Y. App. Div. 2017)

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