People v Bartlett

2017 NY Slip Op 02476 [148 AD3d 1468]

March 30, 2017

Appellate Division, Third Department

As corrected through Wednesday, May 3, 2017

[*1]

The People of the State of New York, Respondent, v Melissa K.Bartlett, Appellant.

Brandon E. Boutelle, Public Defender, Elizabethtown, for appellant.

Kristy L. Sprague, District Attorney, Elizabethtown (James E. Martineau Jr. of counsel), forrespondent.

Aarons, J. Appeal from a judgment of the County Court of Essex County (Meyer, J.),rendered April 30, 2015, which revoked defendant's probation and imposed a sentence ofimprisonment.

In 2012, defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle inthe first degree and aggravated driving while intoxicated, and was sentenced to five years ofprobation. In 2014, defendant admitted to violating a condition of her probation and waived herright to appeal. County Court revoked defendant's probation and imposed a sentence of11/3 to 4 years in prison. Defendant appeals.

We are unpersuaded by defendant's contention that her waiver of the right to appeal at thetime she admitted to violating probation is invalid, as the record reflects that the appeal waiverwas knowingly, voluntarily and intelligently entered. Specifically, the record reflects that CountyCourt adequately explained, and defendant understood, the nature of the appeal waiver and that itwas separate and distinct from the rights forfeited by her admission to violating probation (see People v Lopez, 6 NY3d 248,256-257 [2006]; People v Brice, 146AD3d 1152, 1153 [2017]). As such, the valid appeal waiver precludes defendant's challengeto the severity of the sentence imposed (see People v Handly, 122 AD3d 1007, 1008 [2014]).

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