People v Monroe

2015 NY Slip Op 01194 [125 AD3d 1048]

February 11, 2015

Appellate Division, Third Department

As corrected through Wednesday, April 1, 2015

[*1]

The People of the State of New York, Respondent, vJamie Monroe, Appellant.

John P.M. Wappett, Public Defender, Lake George (Nellie R. Halloran of counsel),for appellant.

Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport ofcounsel), for respondent.

McCarthy, J.P. Appeal from a judgment of the County Court of Warren County (HallJr., J.), rendered August 15, 2012, convicting defendant upon her plea of guilty of thecrime of criminal sale of a controlled substance in the third degree.

In full satisfaction of a three-count indictment, defendant pleaded guilty to a singlecount of criminal sale of a controlled substance in the third degree and waived her rightto appeal. County Court indicated that it would consider whether to order substanceabuse treatment after reviewing the presentence investigation report, but did not promisethat treatment would be ordered. Thereafter, the court sentenced defendant, a secondfelony offender, to a prison term of four years to be followed by three years ofpostrelease supervision. The court declined defendant's request to order substance abusetreatment, noting that defendant had failed in several prior treatment programs.Defendant appeals.

Defendant's valid waiver of the right to appeal, which she does not challenge, barsher claims that her sentence was harsh and excessive, and that County Court should havedirected further substance abuse treatment (see People v Borst, 121 AD3d 1424, 1425 [2014]; People v Smith, 112 AD3d1232, 1232 [2013], lv denied 22 NY3d 1203 [2014]). Similarly, that waiverbars her claim of ineffective assistance of counsel inasmuch as she does not contend thatthe alleged ineffective assistance impacted the voluntariness of her plea (see People vLivziey, 117 [*2]AD3d 1341, 1342 [2014]; People v Slingerland, 101AD3d 1265, 1267 [2012], lv denied 20 NY3d 1104 [2013]).

Lynch, Devine and Clark, JJ., concur. Ordered that the judgment is affirmed.