People v Beblowski

2015 NY Slip Op 06838 [131 AD3d 1303]

September 17, 2015

Appellate Division, Third Department

As corrected through Wednesday, November 4, 2015

[*1]

The People of the State of New York, Respondent, vAmy Beblowski, Appellant.

Timothy S. Brennan, Schenectady, for appellant.

Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), forrespondent.

Appeal from a judgment of the County Court of Schenectady County (Drago, J.),rendered March 4, 2013, convicting defendant upon her plea of guilty of the crime ofburglary in the second degree (two counts).

In satisfaction of a multi-count indictment, defendant pleaded guilty to two counts ofburglary in the second degree and waived her right to appeal. She was sentenced toconcurrent prison terms of eight years, followed by 31/2 years ofpostrelease supervision. Defendant appeals.

A review of the plea colloquy and counseled written waiver of the right to appealexecuted by defendant and defense counsel in open court demonstrate that defendantknowingly, voluntarily and intelligently waived her right to appeal (see People v Merrill, 123AD3d 1339, 1339 [2014]; People v Dyckman, 114 AD3d 994, 995 [2014], lvdenied 23 NY3d 1036 [2014]). Given the valid waiver of appeal, defendant'scontention that the agreed-upon prison sentence is harsh and excessive is foreclosed (see People v Bryant, 128 AD3d1223, 1224 [2015]; Peoplev Burritt, 127 AD3d 1433, 1434 [2015]).

McCarthy, J.P., Garry, Rose and Lynch, JJ., concur. Ordered that the judgment isaffirmed.