| People v Wilson |
| 2014 NY Slip Op 03106 [117 AD3d 1476] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vChasity L. Wilson, Appellant. |
Gerard R. Roux, II, East Amherst, for defendant-appellant.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.),rendered February 2, 2012. The judgment convicted defendant, upon her plea of guilty,of attempted burglary in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting her upon her plea ofguilty of attempted burglary in the first degree (Penal Law §§ 110.00,140.30 [2]). Defendant failed to preserve for our review her contention that the guiltyplea was not knowingly, intelligently, and voluntarily entered inasmuch as she failed tomove to withdraw the plea or vacate the judgment of conviction (see People v Zulian, 68 AD3d1731, 1732 [2009], lv denied 14 NY3d 894 [2010]). In any event,defendant's contention that she was not competent to enter both her guilty plea and thewaiver of the right to appeal are without merit. Defendant stated during the plea colloquythat she was taking prescription medication for anxiety and depression, but "[t]here wasnot the slightest indication that defendant was uninformed, confused or incompetent" atthe time she entered the plea and the waiver of the right to appeal (People vAlexander, 97 NY2d 482, 486 [2002]; see People v Sonberg, 61 AD3d 1350, 1351 [2009], lvdenied 13 NY3d 800 [2009]). In response to County Court's inquiry, "defendantadvised the court that [s]he was thinking clearly and understood the proceedings"(Zulian, 68 AD3d at 1732). The valid waiver of the right to appeal encompassesdefendant's challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006];People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, P.J.,Centra, Carni, Sconiers and Whalen, JJ.