People v Green
2018 NY Slip Op 02961 [160 AD3d 1422]
April 27, 2018
Appellate Division, Fourth Department
As corrected through Wednesday, May 30, 2018


[*1]
 The People of the State of New York,Respondent,
v
Nicole L. Green, Also Known as Nicole Green,Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo, Barclay Damon LLP (Bridget C. Steele ofcounsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (Shirley A. Gorman of counsel), forrespondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), renderedDecember 1, 2015. The judgment convicted defendant, upon her plea of guilty, of attemptedburglary in 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 burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]).Contrary to defendant's contention, the record establishes that she knowingly, voluntarily andintelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). That validwaiver forecloses defendant's challenge to the severity of the sentence (see id. at 255;see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91NY2d 733, 737 [1998]). Present— Smith, J.P., Centra, NeMoyer, Curran and Troutman,JJ.


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