People v. Pluviose

2025 NY Slip Op 03449

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 6, 2025
• Docket: 340 KA 23-00854
• Status: Published

Opinion

People v Pluviose (2025 NY Slip Op 03449)

People v Pluviose

2025 NY Slip Op 03449

Decided on June 6, 2025

Appellate Division, Fourth 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 June 6, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, GREENWOOD, AND KEANE, JJ.

340 KA 23-00854

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

KIMARA PLUVIOSE, DEFENDANT-APPELLANT.

TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Victoria M. Argento, J.), rendered January 12, 2023. The judgment convicted defendant upon her plea of guilty of burglary in the first 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 burglary in the first degree (Penal Law § 140.30 [2]). The record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses her challenge to the severity of the sentence (see People v Smalls, 128 AD3d 1229, 1230 [3d Dept 2015], lv denied 27 NY3d 1006 [2016], reconsideration denied 27 NY3d 1155 [2016], cert denied 580 US 1002 [2016]).

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court