Opinion
13171
Decided and Entered: July 10, 2003.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 4, 2000, convicting defendant upon her plea of guilty of the crime of murder in the second degree.
Catherine A. Barber, Schenectady, for appellant.
Paul A. Clyne, District Attorney, Albany (William J. Conboy III of counsel), for respondent.
Before: Cardona, P.J., Crew III, Carpinello, Mugglin and, Rose, JJ.
MEMORANDUM AND ORDER
Pursuant to a plea agreement, defendant pleaded guilty to murder in the second degree in full satisfaction of a four-count indictment. She waived her right to appeal and was sentenced to a negotiated prison term of 23 years to life. Defendant's current challenge to the validity of her waiver of appeal is unpreserved for our review by her failure to move either to withdraw her guilty plea or to vacate the judgment of conviction (see People v. Gonzalez, 299 A.D.2d 581, 582; People v. Holland, 270 A.D.2d 718, lv denied 95 N.Y.2d 798). Defendant's challenge to the prison sentence as excessve is also precluded by her general waiver of the right to appeal (see People v. Hidalgo, 91 N.Y.2d 733, 737; People v. Sczepankowski, 293 A.D.2d 212, 215, lv denied 99 N.Y.2d 564). Were we to consider this issue, we would find it to be meritless given the heinous nature of defendant's murder of her landlord by bludgeoning him with a hammer and strangling him. The record contains no extraordinary circumstances that would warrant a reduction in sentence (see People v. Centorani, 294 A.D.2d 613, 614; People v. Walker, 266 A.D.2d 727, lv denied 96 N.Y.2d 909).
Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur.
ORDERED that the judgment is affirmed.