| People v Dunkelberger |
| 2016 NY Slip Op 03914 [139 AD3d 1255] |
| May 19, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vMitzi C. Dunkelberger, Appellant. |
Cliff Gordon, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Hannah Rose Prall of counsel), forrespondent.
Garry, J.P. Appeal from a judgment of the County Court of Sullivan County(McGuire, J.), rendered June 11, 2014, convicting defendant upon her plea of guilty ofthe crime of burglary in the second degree.
Defendant pleaded guilty to burglary in the second degree and was sentenced, inaccordance with the terms of the plea agreement, to a prison term of five years followedby five years of postrelease supervision. Defendant now appeals.
We are unpersuaded by defendant's contention that the waiver of the right to appealwas invalid. The record reflects that in the course of a detailed and thorough allocution,County Court adequately explained that the right to appeal was separate and distinct fromthose rights forfeited by her guilty plea (see People v Richey, 134 AD3d 1254, 1254 [2015]; People v Rubio, 133 AD3d1041, 1042 [2015]). The court also confirmed that defendant had sufficient time todiscuss her waiver with defense counsel and that she understood its ramifications;defendant also executed a detailed written waiver in open court (see People v Mayo, 130 AD3d1099, 1100 [2015]; Peoplev Jackson, 129 AD3d 1342, 1342 [2015]). As such, the record establishes thatdefendant knowingly, voluntarily and intelligently waived her right to appeal (see People v Lopez, 6 NY3d248, 256 [2006]). Accordingly, defendant's challenge to the severity of the sentenceimposed is precluded by the valid appeal waiver (see id. at 255-256; People vRubio, 133 AD3d at 1042).
[*2] EganJr., Lynch, Clark and Mulvey, JJ., concur. Ordered that the judgment is affirmed.