People v Payton

2013 NY Slip Op 05922 [109 AD3d 940]

September 18, 2013

Appellate Division, Second Department

As corrected through Wednesday, October 30, 2013

The People of the State of New York,Respondent, v Gilda Payton, Appellant.

—[*1]James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel),for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County(Alfieri, J.), rendered June 18, 2012, convicting her of criminal possession of stolenproperty in the fourth degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

At the plea allocution, the County Court sufficiently advised the defendant of thenature of the right to appeal, and the record establishes that the defendant knowingly,voluntarily, and intelligently waived that right. Thus, although the Rockland Countypre-printed form waiver of the right to appeal signed by the defendant containederroneous statements with regard to the waiver of the right to appeal (see People v Edmunson, 109AD3d 621 [2013]), the defendant's waiver of her right to appeal was valid (seeid.; People v Pelaez,100 AD3d 803, 804 [2012]). Accordingly, review of the defendant's contention thatthe sentence imposed was excessive is precluded (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d248, 255 [2006]). Dillon, J.P., Hall, Roman and Cohen, JJ., concur.