| People v Kozody |
| 2010 NY Slip Op 05454 [74 AD3d 1907] |
| June 18, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Deborah A.Kozody, Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), renderedJuly 7, 2009. The judgment convicted defendant, upon her plea of guilty, of recklessendangerment 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 ofreckless endangerment in the first degree (Penal Law § 120.25). We reject the contentionof defendant that her waiver of the right to appeal was not knowingly, voluntarily, andintelligently entered (see People vLopez, 6 NY3d 248, 256 [2006]; People v Straw, 70 AD3d 1341 [2010], lv denied 14 NY3d844 [2010]). It is well settled that "[n]o particular litany is required for an effective waiver of theright to appeal" (People v McDonald, 270 AD2d 955 [2000], lv denied 95 NY2d800 [2000]; see People v Callahan, 80 NY2d 273, 283 [1992]), and the responses ofdefendant to County Court's questions during the plea colloquy established that she understoodthe plea proceedings and voluntarily waived the right to appeal (see People v Tantao, 41 AD3d1274 [2007], lv denied 9 NY3d 882 [2007]). The valid waiver by defendant of theright to appeal encompasses her challenge to the factual sufficiency of the plea allocution (see People v Zulian, 68 AD3d1731 [2009]; People v Harris, 269 AD2d 839 [2000]), as well as her challenge to theseverity of the sentence (see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91NY2d 733, 737 [1998]). Moreover, by failing to move to withdraw her plea or to vacate thejudgment of conviction, defendant failed to preserve for our review her challenge to the factualsufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]).Present—Martoche, J.P., Fahey, Carni, Sconiers and Green, JJ.