| People v Atkinson |
| 2018 NY Slip Op 06295 [164 AD3d 1572] |
| September 27, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Naomi Atkinson, Appellant. |
Richard V. Manning, Parishville, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), forrespondent.
Appeal from a judgment of the County Court of Franklin County (Richards, J.), renderedJune 29, 2016, convicting defendant upon her plea of guilty of the crime of burglary in thesecond degree.
In full satisfaction of a three-count indictment, defendant pleaded guilty to burglary in thesecond degree and waived the right to appeal. County Court sentenced defendant, as a secondfelony offender, to the agreed-upon prison term of seven years, to be followed by five years ofpostrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, the record reflects that she validly waived theright to appeal. County Court distinguished the waiver of appeal from the trial-related rightsautomatically forfeited by a guilty plea, and defendant affirmed her understanding thereof.Defendant also executed a written waiver in open court, which specifically waived any right toargue that the sentence is harsh and excessive, after acknowledging that she had an opportunity todiscuss the waiver with counsel and that she understood its contents. Accordingly, we concludethat defendant knowingly, intelligently and voluntarily waived the right to appeal (see People v Royal, 161 AD3d1217, 1218 [2018]; People vDobbs, 157 AD3d 1122, 1122-1123 [2018], lv denied 31 NY3d 983 [2018]).Given defendant's valid appeal waiver, her challenge to the sentence as harsh and excessive isprecluded (see People v White, 156AD3d 1249, 1249-1250 [2017], lv denied 31 NY3d 988 [2018]; People v Williams, 155 AD3d1253, 1254 [2017], lv denied 31 NY3d 1089 [2018]).
Garry, P.J., Lynch, Clark, Mulvey and Aarons, JJ., concur. Ordered that the judgment isaffirmed.