People v. Dunkelberger

139 A.D.3d 1255, 30 N.Y.S.3d 583

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 19, 2016
• Docket: 106907
• Status: Published

Opinion

Garry, J.P.

Appeal from a judgment of the County Court of Sullivan County (McGuire, J.), rendered June 11, 2014, convicting defendant upon her plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to burglary in the second degree and was sentenced, in accordance with the terms of the plea agreement, to a prison term of five years followed by five years of postrelease supervision. Defendant now appeals.

We are unpersuaded by defendant’s contention that the waiver of the right to appeal was invalid. The record reflects that in the course of a detailed and thorough allocution, County Court adequately explained that the right to appeal was separate and distinct from those rights forfeited by her guilty plea (see People v Richey, 134 AD3d 1254, 1254 [2015]; People v Rubio, 133 AD3d 1041, 1042 [2015]). The court also confirmed that defendant had sufficient time to discuss her waiver with defense counsel and that she understood its ramifications; defendant also executed a detailed written waiver in open court (see People v Mayo, 130 AD3d 1099, 1100 [2015]; People v Jackson, 129 AD3d 1342, 1342 [2015]). As such, the record establishes that defendant knowingly, voluntarily and intelligently waived her right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]). Accordingly, defendant’s challenge to the severity of the sentence imposed is precluded by the valid appeal waiver (see id. at 255-256; People v Rubio, 133 AD3d at 1042).

Egan Jr., Lynch, Clark and Mulvey, JJ., concur.

Ordered that the judgment is affirmed.