| People v Charpentier |
| 2007 NY Slip Op 07453 [44 AD3d 680] |
| October 2, 2007 |
| Appellate Division, Second Department |
| 70—The People of the State of New York,Respondent, v Jocelyn Louise Charpentier, Appellant. |
—[*1] Andrew M. Cuomo, Attorney General, New York, N.Y. (Roseann B. MacKechnie and JerryCalabria of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered November 4, 2005, convicting her of grand larceny in the third degree and offering afalse instrument for filing in the first degree, upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant knowingly, intelligently, and voluntarily waived her right to appeal (see People v Lopez, 6 NY3d 248[2006]). Any confusion engendered by the court clerk advising the defendant, after sentence wasimposed, of a right to appeal was limited in the first instance by the court's prefatory commentthat any right to appeal was limited to issues remaining, if any, after the waiver of the right toappeal. Additionally, after the court clerk advised the defendant of a right to appeal, thedefendant had an opportunity to consult with counsel, and the court thereafter confirmed that thedefendant understood her rights. In any event, the court clerk's advisement of the right to appeal,following the imposition of sentence, did not operate to vitiate the defendant's valid waiver of herright to appeal (see People v Brown,26 AD3d 340, 340-341 [2006]; People v Manzullo, 14 AD3d 717 [2005]).
To the extent that the defendant's claim of ineffective assistance of counsel is addressed tothe voluntariness of her plea, the waiver of her right to appeal does not encompass that issue (see People v Sanchez, 33 AD3d633, 634 [2006]; People vDixon, 41 AD3d 861, 862 [2007]). However, the [*2]defendant's claim is without merit. The defendant's counsel, whonegotiated a favorable plea and sentence on her behalf, provided the defendant with meaningfulrepresentation (see People v Baldi, 54 NY2d 137, 147 [1981]; People v Sanchez, 33 AD3d633,634 [2006]; People vManzullo, 14 AD3d 717 [2005]). Miller, J.P., Skelos, Covello and McCarthy, JJ.,concur.