| People v Simmons |
| 2007 NY Slip Op 08124 [45 AD3d 882] |
| November 1, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v CeciliaSimmons, Also Known as Tank, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), forrespondent.
Crew III, J. Appeal from a judgment of the County Court of Schenectady County (Hoye, J.),rendered December 14, 2005, convicting defendant upon her plea of guilty of the crime ofmurder in the second degree.
On March 14, 2002, a group of people congregated at an apartment in the City ofSchenectady, Schenectady County, for the purpose of smoking crack cocaine. Jason Battagliatelephoned defendant, a drug dealer known as "Tank," and ordered $50 worth of cocaine.Defendant went to the apartment building and gave the drugs to Battaglia, who then went into theapartment. When Battaglia failed to return with the purchase money, defendant informed herpartner, Shakeem Knowles, and they went to the apartment to forcefully retrieve the drugs. Uponobserving Battaglia running from the apartment, Knowles gave chase, caught Battaglia and,during the ensuing scuffle, fatally stabbed him. Defendant and Knowles then fled the scene.
Defendant thereafter was arrested in North Carolina for drug possession. Upon learning ofthat arrest, detectives from the Schenectady Police Department went to North Carolina andinterviewed defendant relevant to Battaglia's death. Thereafter, defendant was indicted andcharged with two counts of murder in the second degree, and one count each of robbery in thefirst degree, robbery in the second degree, grand larceny in the fourth degree, criminal possession[*2]of a weapon in the fourth degree and criminal sale of acontrolled substance in the third degree. Defendant, in accordance with a plea agreement, pleadedguilty to felony murder in full satisfaction of the indictment, waived her right to appeal and wassentenced to a prison term of 15 years to life. Defendant now appeals.
Initially, we note that defendant's challenge to the voluntariness of her plea is unpreservedinasmuch as she failed to move to withdraw her plea or vacate the judgment of conviction (see e.g. People v Dennis, 39 AD3d1028, 1029 [2007]). In any event, if we were to consider such contention, we would find itwholly without merit. Likewise, defendant's challenge to the sufficiency of her plea allocution, aswell as her challenge to the denial of her motion to suppress her inculpatory statements, areforeclosed from appellate review by reason of her valid waiver of appeal (see People v Jackson, 39 AD3d1089, 1090 [2007], lv denied 9 NY3d 845 [2007]; People v Hunt, 29 AD3d 1081,1083 [2006], lv denied 7 NY3d 813 [2006]).
Mercure, J.P., Peters, Spain and Rose, JJ., concur. Ordered that the judgment is affirmed.