Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Erica P. RECORD, Defendant–Appellant.
Leanne Lapp, Public Defender, Canandaigua (Cara A. Waldman of Counsel), for defendant-appellant. R. Michael Tantillo, District Attorney, Canandaigua (Jeffrey R. Friesen of Counsel), for respondent.
Leanne Lapp, Public Defender, Canandaigua (Cara A. Waldman of Counsel), for defendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (Jeffrey R. Friesen of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting her upon her plea of guilty of burglary in the second degree (Penal Law § 140.25[2] ) and petit larceny (§ 155.25). The record establishes that County Court advised defendant of the maximum sentence that could be imposed upon a violation of the conditions of the guilty plea, and thus defendant's waiver of the right to appeal encompasses her contention that the enhanced sentence is unduly harsh and severe (see People v. Vandeviver, 56 A.D.3d 1118, 1119, 867 N.Y.S.2d 586, lv. denied 11 N.Y.3d 931, 874 N.Y.S.2d 16, 902 N.E.2d 450, reconsideration denied 12 N.Y.3d 788, 879 N.Y.S.2d 65, 906 N.E.2d 1099 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., SMITH, CENTRA, CURRAN, and SCUDDER, JJ., concur.