People v. McMorris

2017 NY Slip Op 4744, 151 A.D.3d 1779, 53 N.Y.S.3d 870

Opinion

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered August 17, 2015. The judgment convicted defendant, upon her plea of guilty, of attempted criminal sale of a controlled substance in the third degree.

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 attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]). Contrary to defendant’s contention, the record establishes that County Court did not conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea (see People v McCrea, 140 AD3d 1655, 1655 [2016], lv denied 28 NY3d 933 [2016]). The court “ ‘expressly ascertained from defendant that, as a condition of the plea, [s]he was agreeing to waive [her] right to appeal’ ” (id.), and the court expressly advised defendant that the waiver included any challenge to the severity of the sentence. Defendant is therefore foreclosed from challenging the severity of the negotiated sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]).

Present — Carni, J.P., Curran, Troutman, Winslow and Scudder, JJ.