People v Meacham

2009 NY Slip Op 05029 [63 AD3d 1371]

June 18, 2009

Appellate Division, Third Department

As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent, v Amy JoMeacham, Appellant.

—[*1]Matthew C. Hug, Troy, for appellant.

Nicole M. Duve, District Attorney, Canton (Victoria Esposito-Shea of counsel), forrespondent.

Kane, J. Appeal from a judgment of the County Court of St. Lawrence County (Rogers, J.),rendered May 22, 2006, convicting defendant upon her plea of guilty of the crime of assault inthe first degree.

In satisfaction of a four-count indictment and other uncharged crimes related to theattempted murder of her former boyfriend, defendant pleaded guilty to one count of assault in thefirst degree. As part of the plea agreement, she waived her right to appeal. After County Courtimposed the agreed-upon sentence, defendant appealed.

Considering defendant's written waiver of appeal together with County Court's colloquyduring the plea proceeding, we find "that defendant knowingly, intelligently and voluntarilywaived [her] right to appeal" (People vRamos, 7 NY3d 737, 738 [2006]; see People v Motz, 52 AD3d 1029, 1031 [2008], lv denied11 NY3d 791 [2008]). Her other arguments are precluded by that valid waiver (see People v Hogabone, 49 AD3d1027, 1028 [2008], lv denied 10 NY3d 935 [2008]).

Cardona, P.J., Peters, Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed.