| People v Sears |
| 2018 NY Slip Op 00979 [158 AD3d 1293] |
| February 9, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Sarah A.Murphy Sears, Appellant. |
D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of counsel), fordefendant-appellant.
Brooks T. Baker, District Attorney, Bath (John C. Tunney of counsel), for respondent.
Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), renderedApril 29, 2014. The judgment convicted defendant, upon her plea of guilty, of attempted assaultin the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, ofattempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]).Contrary to her contention, the record demonstrates that defendant validly waived her right toappeal (see generally People vLopez, 6 NY3d 248, 255-256 [2006]). Defendant's valid waiver of her right to appealforecloses her challenge to the severity of her sentence (see id. at 256). Althoughdefendant's challenges to her Alford plea are not foreclosed by her waiver of the right toappeal, she failed to preserve those challenges for our review (see People v Elliott, 107 AD3d1466, 1466 [4th Dept 2013], lv denied 22 NY3d 996 [2013]). We decline to exerciseour power to review those challenges as a matter of discretion in the interest of justice(see CPL 470.15 [3] [c]). Present—Centra, J.P., Peradotto, NeMoyer, Troutmanand Winslow, JJ.