| People v Wiley |
| 2013 NY Slip Op 08153 [112 AD3d 998] |
| December 5, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vDonna M. Wiley, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Vincent Stark of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of Albany County(Breslin, J.), rendered June 5, 2012, convicting defendant upon her plea of guilty of thecrime of grand larceny in the third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to grand larcenyin the third degree, waived the right to appeal her conviction and sentence and wassubsequently sentenced to 2 to 6 years in prison. Defendant now appeals, contending thatshe was denied the effective assistance of counsel and the sentence imposed was harshand excessive.
We affirm. While defendant's argument that she received the ineffective assistance ofcounsel survives her appeal waiver, we find it unpreserved for our review in light of theabsence of proof on this record that she made a motion to withdraw her guilty plea orvacate her judgment of conviction (see People v Youngblood, 107 AD3d 1159, 1160 [2013],lv denied 21 NY3d 1078 [2013]; People v Lazore, 102 AD3d 1017, 1017-1018 [2013]; People v Walton, 101 AD3d1489, 1490 [2012], lv denied 20 NY3d 1105 [2013]). Defendant isprecluded from raising her claim of harsh and excessive sentence given her unchallengedwaiver of the right to appeal (see People v Mattison, 94 AD3d 1157, 1158 [2012]; People v Shurock, 83 AD3d1342, 1344 [2011]).
Rose, J.P., Spain and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.