| People v Marshall |
| 2013 NY Slip Op 05252 [108 AD3d 884] |
| July 11, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vPamela L. Marshall, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Peters, P.J. Appeals (1) from a judgment of the County Court of Clinton County(Ryan, J.), rendered January 9, 2012, convicting defendant upon her plea of guilty of thecrime of grand larceny in the fourth degree, and (2) from a judgment of said court,rendered January 9, 2012, convicting defendant upon her plea of guilty of the crime ofrobbery in the second degree.
Pursuant to a negotiated plea agreement, defendant waived indictment and pleadedguilty to two superior court informations, one charging her with grand larceny in thefourth degree and the other charging her with robbery in the second degree. Inaccordance with the plea agreement, defendant was thereafter sentenced to consecutiveprison terms of 1½ to 3 years and 6½ years, respectively. Defendant nowappeals both judgments of conviction.
We find that defendant made a valid waiver of her right to appeal. County Courtdistinguished the waiver of the right to appeal from the rights automatically forfeitedupon entry of a guilty plea. Defendant indicated that she understood that she wasagreeing to waive this right as a part of the negotiated plea agreement and she executed awritten waiver (see People vBaliraj, 101 AD3d 1175, 1176 [2012], lv denied 21 NY3d 941 [2013];People v Jackson, 48 AD3d885, 885 [2008], lv denied 10 NY3d 960 [2008]). Defendant's soleremaining contention on this appeal, that the sentences imposed were harsh andexcessive, is foreclosed by her valid waiver of the right to appeal her conviction andsentence (see People vJoyce, 91 AD3d 986, 987[*2][2012], lvdenied 19 NY3d 864 [2012]; People v Thomas, 71 AD3d 1231, 1233 [2010], lvdenied 14 NY3d 893 [2010]).
Lahtinen, Stein and Egan Jr., JJ., concur. Ordered that the judgments are affirmed.