People v. Ferguson

2024 NY Slip Op 06357

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 18, 2024
• Docket: Ind. No. 152/21
• Status: Published

Opinion

People v Ferguson (2024 NY Slip Op 06357)

People v Ferguson

2024 NY Slip Op 06357

Decided on December 18, 2024

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 18, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
WILLIAM G. FORD
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.

2022-08711
(Ind. No. 152/21)

[*1]The People of the State of New York, respondent,

v

Justina Ferguson, appellant.

John R. Lewis, Sleepy Hollow, NY, for appellant.

Daniel M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Orange County (Craig Stephen Brown, J.), imposed February 17, 2022, upon her plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that she knowingly, voluntarily, and intelligently waived her right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248). The defendant's valid waiver of her right to appeal precludes appellate review of her contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255-256).

BRATHWAITE NELSON, J.P., WOOTEN, FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court