| People v Tolliver |
| 2012 NY Slip Op 00859 [92 AD3d 1024] |
| February 9, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v TiffanyTolliver, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Malone Jr., J. Appeal from a judgment of the County Court of Schenectady County (Drago,J.), rendered July 8, 2008, convicting defendant upon her plea of guilty of the crime of robbery inthe first degree.
In satisfaction of a 16-count indictment and another pending charge, defendant pleaded guiltyto robbery in the first degree and waived her right to appeal. Defendant was sentenced to theagreed-upon prison term of 18 years followed by a period of postrelease supervision. Defendantnow appeals.
We are unpersuaded by defendant's contention that her appeal waiver was not knowing,intelligent and voluntary. The plea minutes establish that County Court distinguished the waiverof the right to appeal from the rights forfeited by the guilty plea, and defendant affirmed that sheunderstood the appeal waiver (seePeople v McDuffie, 89 AD3d 1154, 1156 [2011]; People v Benson, 87 AD3d 1228 [2011]). Moreover, the courtconfirmed that defendant executed a counseled written appeal waiver (see People vMcDuffie, 89 AD3d at 1156).
To the extent that defendant challenges the voluntariness of her plea, it is not preserved forour review inasmuch as she did not move to withdraw her plea or vacate the judgment of [*2]conviction (see People v Norton, 88 AD3d 1027, 1028 [2011]). Nor does thenarrow exception to the preservation rule apply here inasmuch as a review of the plea colloquyreveals that defendant made no statements to cast doubt upon her guilt or to negate an essentialelement of the crime to which she pleaded guilty (see id.).
Mercure, A.P.J., Spain, Rose and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.