| People v Robbins |
| 2011 NY Slip Op 03408 [83 AD3d 1531] |
| April 29, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Tracey Robbins, Also Known as Regina Robinson,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Michael J. Hillery of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.),rendered December 10, 2008. The judgment convicted defendant, upon her plea of guilty, ofrobbery 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 ofrobbery in the first degree (Penal Law § 160.15 [3]). Prior to sentencing, defense counselretracted defendant's pro se motion to withdraw her plea of guilty before it was decided and, atthe time of sentencing, defendant appeared with new defense counsel, who again retracted thepro se motion to withdraw the plea before it was decided. Defendant thus has abandoned herpresent challenge concerning that retracted motion (see People v Mower, 97 NY2d 239,246 [2002]; see also People vDrennan, 81 AD3d 1279 [2011]). As the People correctly concede, defendant's waiverof the right to appeal does not encompass her challenge to the severity of the sentence becausedefendant entered the waiver before being advised of the maximum sentence she could receive(see People v Rizek [appeal No. 1], 64 AD3d 1180 [2009], lv denied 13 NY3d862 [2009]; People v Martinez, 55AD3d 1334, 1335 [2008], lv denied 11 NY3d 927 [2009]; cf. People vLococo, 92 NY2d 825, 827 [1998]). Contrary to defendant's contention, however, the periodof postrelease supervision imposed by Supreme Court is not unduly harsh or severe.Present—Smith, J.P., Peradotto, Carni, Sconiers and Green, JJ.