| People v Hubert |
| 2012 NY Slip Op 07516 [100 AD3d 1443] |
| November 9, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Cori L.Hubert, Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), renderedJune 1, 2011. The judgment convicted defendant, upon her plea of guilty, of criminal sale of acontrolled substance in the fifth 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 ofcriminal sale of a controlled substance in the fifth degree (Penal Law § 220.31).Contrary to defendant's contention, the record establishes that she knowingly, voluntarily andintelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and thatvalid waiver forecloses any challenge by defendant to the severity of the sentence (see id.at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]).Present—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.