People v. McMorris

Appellate Division of the Supreme Court of New York

People v. McMorris

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 9, 2017

Docket862 KA 15-01679

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 4744 (People v. McMorris) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McMorris, 2017 NY Slip Op 4744, 151 A.D.3d 1779, 53 N.Y.S.3d 870 (N.Y. Ct. App. 2017).

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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.

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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.

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Bluebook (online)

2017 NY Slip Op 4744, 151 A.D.3d 1779, 53 N.Y.S.3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcmorris-nyappdiv-2017.

Opinion

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