Opinion
454 KA 16–01938
04-26-2019
The PEOPLE of the State of New York, Respondent, v. Jennifer SAGE, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of vehicular manslaughter in the first degree ( Penal Law § 125.13[1] ). Contrary to defendant's contention, her waiver of the right to appeal is valid (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). County Court engaged defendant in "an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v. Hicks, 89 A.D.3d 1480, 1480, 932 N.Y.S.2d 412 [4th Dept. 2011], lv. denied 18 N.Y.3d 924, 942 N.Y.S.2d 463, 965 N.E.2d 965 [2012] [internal quotation marks omitted] ), and the record establishes that she "understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty" ( Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The valid waiver of the right to appeal encompasses defendant's challenge to the severity of her sentence (see id. ). We note, however, that the certificate of conviction incorrectly reflects that defendant was convicted of a violation of Penal Law § 125.31(1), and therefore it should be amended to reflect that she was convicted under Penal Law § 125.13(1) (see People v. Morrow, 167 A.D.3d 1516, 1518, 90 N.Y.S.3d 436 [4th Dept. 2018], lv denied 33 N.Y.3d 951, 2019 WL 1578100 [Mar. 19, 2019] ).