| People v Breithaupt |
| 2019 NY Slip Op 02757 [171 AD3d 1311] |
| April 11, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Brandy J. Breithaupt, Appellant. |
Rural Law Center of New York, Castleton (Keith F. Schockmel of counsel), forappellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), forrespondent.
Appeal from a judgment of the County Court of St. Lawrence County (Champagne, J.),rendered June 12, 2017, convicting defendant upon her plea of guilty of the crime of robbery inthe second degree.
In full satisfaction of a 12-count indictment, defendant agreed to plead guilty to one count ofrobbery in the second degree with the understanding that she would be sentenced to adeterminate prison term ranging from 10 to 12 years followed by five years of postreleasesupervision. The plea agreement also required defendant to waive her right to appeal. Defendantpleaded guilty as contemplated and thereafter was sentenced to a prison term of 12 yearsfollowed by five years of postrelease supervision. This appeal ensued.
We affirm. Contrary to defendant's assertion, we find that her waiver of the right to appealwas knowing, intelligent and voluntary. County Court sufficiently distinguished the waiver of theright to appeal from the trial-related rights that defendant was forfeiting by pleading guilty (see People v Hartfield, 151 AD3d1116, 1118 [2017], lv denied 29 NY3d 1127 [2017]; People v Hess, 150 AD3d 1560,1560 [2017]) and explained that the waiver encompassed, among other things, any challenge tothe severity of the sentence imposed. Additionally, defendant executed a detailed written waiverin open court and, in response to County Court's inquiries, defendant indicated that she had readthe waiver, understood its contents, had no questions relative thereto and had been affordedsufficient time to confer with counsel (see People v Jawan, 165 AD3d 1350, 1350 [2018], lvdenied 32 NY3d 1173 [2019]; People v McDonald, 165 AD3d 1327, 1327-1328 [2018], lvdenied 32 NY3d 1175 [2019]). Under these circumstances, we find that defendant validlywaived her right to appeal. Accordingly, her claim that the sentence imposed is harsh andexcessive is precluded (see People vLago, 168 AD3d 1281, 1281-1282 [2019]; People v Dissottle, 160 AD3d 1219, 1219 [2018], lv denied31 NY3d 1146 [2018]).
Garry, P.J., Egan Jr., Mulvey, Devine and Aarons, JJ., concur. Ordered that the judgment isaffirmed.