| People v Kulyeshie |
| 2010 NY Slip Op 02285 [71 AD3d 1478] |
| March 19, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Stephanie L.Kulyeshie, Appellant. |
—[*1] John C. Tunney, District Attorney, Bath (Michael D. McCartney of counsel), forrespondent.
Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), renderedMarch 26, 2008. The judgment convicted defendant, upon her plea of guilty, of robbery in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her upon her plea of guilty of robberyin the second degree (Penal Law § 160.10 [1]), defendant contends that her waiver of theright to appeal was invalid. We reject that contention. County Court's plea colloquy, togetherwith the written waiver of the right to appeal, adequately apprised defendant that "the right toappeal is separate and distinct from those rights automatically forfeited upon a plea of guilty" (People v Lopez, 6 NY3d 248, 256[2006]; see People v Ramos, 7NY3d 737, 738 [2006]; People vCarvajal, 68 AD3d 443 [2009]). The valid waiver by defendant of the right to appealencompasses her challenge to the severity of the sentence (see People v Hidalgo, 91NY2d 733, 737 [1998]; People vAllport, 59 AD3d 1001 [2009], lv denied 12 NY3d 850 [2009]). Defendantfurther contends that the order of protection is invalid because the court failed to articulate on therecord its reasons for issuing a permanent order of protection pursuant to CPL 530.13 (4). Evenassuming, arguendo, that defendant's contention survives the plea and the valid waiver of theright to appeal (see People vKonieczny, 2 NY3d 569, 574 [2004]), we conclude that it is not preserved for ourreview inasmuch as defendant failed to object to the order of protection at sentencing (see People v Nieves, 2 NY3d 310,316-317 [2004]; People v Hopper,39 AD3d 1030, 1032 [2007]), and we decline to exercise our power to review it as a matterof discretion in the interest of justice (see CPL 470.15 [6] [a]). Present—Centra,J.P., Peradotto, Lindley, Green and Gorski, JJ.