| People v Mattison |
| 2012 NY Slip Op 02527 [94 AD3d 1157] |
| April 5, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JoanneMattison, Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Warren County (Hall Jr., J.),rendered July 6, 2010, convicting defendant upon her plea of guilty of the crime of manslaughterin the first degree.
In December 2009, defendant was indicted and charged with murder in the second degree,manslaughter in the first degree and criminal possession of a weapon in the third degree inconnection with the stabbing death of the victim. Counsel served notice of intent to profferpsychiatric evidence and, at the People's request, County Court ordered a CPL article 730examination. After interviewing defendant, the evaluating psychiatrist concluded that whiledefendant was mentally ill, she "was not suffering from a mental disease or defect that caused herto lack substantial capacity to know or appreciate either the nature and consequences of herconduct or that her conduct was wrong." Shortly thereafter, defendant pleaded guilty tomanslaughter in the first degree and, in conjunction therewith, executed a written waiver of theright to appeal. Following a presentencing hearing, defendant was sentenced to 22 years in prisonfollowed by five years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's assertion that she was not competent to enter a guilty plea, as well asher related claim that County Court erred in accepting her plea without conducting a competencyhearing, impact the voluntariness of her plea and, hence, survive her unchallenged [*2]oral and written waivers of the right to appeal; however, theseissues are unpreserved for our review in light of defendant's failure to move to withdraw her pleaor vacate the judgment of conviction (see People v McFarren, 83 AD3d 1209, 1209 [2011], lvdenied 17 NY3d 860 [2011]; Peoplev Budwick, 82 AD3d 1447, 1448 [2011], lv denied 17 NY3d 857 [2011]; People v Stoddard, 67 AD3d 1055,1055 [2009], lv denied 14 NY3d 806 [2010]). Moreover, the narrow exception to thepreservation requirement was not triggered here, as defendant did not make any statementsduring the plea colloquy that were inconsistent with her guilt or otherwise called into questionthe voluntariness of her plea (see Peoplev Rought, 90 AD3d 1247, 1248 [2011]; People v McFarren, 83 AD3d at 1209;People v Coons, 73 AD3d1343, 1344 [2010], lv denied 15 NY3d 803 [2010]). Finally, defendant's waiver ofthe right to appeal precludes her current challenge to County Court's suppression rulings (see People v Moreno, 86 AD3d863, 864 [2011], lv denied 17 NY3d 954 [2011]; People v White, 75 AD3d 837, 838 [2010], lv denied 15NY3d 925 [2010]), as well as her assertion that the sentence imposed was harsh and excessive(see People v Taylor, 89 AD3d1143, 1144 [2011]; People vRichardson, 83 AD3d 1290, 1292 [2011], lv denied 17 NY3d 821 [2011]).Defendant's remaining contentions have been examined and found to be lacking in merit.
Peters, J.P., Rose, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed.