| People v Barragan |
| 2019 NY Slip Op 08737 [178 AD3d 1150] |
| December 5, 2019 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Brandy Barragan, Appellant. |
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Karen A. Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), forrespondent.
Appeal from a judgment of the County Court of Saratoga County (Murphy, J.), rendered May31, 2017, convicting defendant upon her plea of guilty of the crime of criminal sale of acontrolled substance in the second degree.
Defendant was charged in a 15-count indictment with various drug-related offenses. In fullsatisfaction of the indictment, defendant pleaded guilty to one count of criminal sale of acontrolled substance in the second degree with the understanding that she would be sentenced toa prison term of eight years followed by five years of postrelease supervision. The pleaagreement also required defendant to, among other things, waive her right to appeal. Consistentwith the plea agreement, defendant was ultimately sentenced to the contemplated term ofimprisonment. County Court also recommended that defendant be allowed to participate in ashock incarceration program if she is deemed eligible. Defendant appeals.
We affirm. Contrary to defendant's contention, the plea colloquy demonstrates that sheknowingly, voluntarily and intelligently waived her right to appeal. During the plea proceeding,County Court advised defendant that the waiver of the right to appeal was a condition of the pleaagreement, and defendant indicated that she understood the terms of the plea agreement (see People v White, 172 AD3d1822, 1823 [2019], lv denied 33 NY3d 1110 [2019]; People v Cherry, 166 AD3d 1220,1221 [2018]). In addition, County Court distinguished the right to appeal as separate and distinctfrom the other trial-related rights automatically forfeited by a guilty plea, and defendantacknowledged that she understood the nature of the waiver and that she was relinquishing herright to appeal the conviction and sentence (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Harrison, 176 AD3d1262, 1263 [2019]). Defendant then signed a written appeal waiver in open court, afterconferring with counsel and assuring the court that she read and understood the written waiver, inwhich defendant indicated that she understood the separate and distinct nature of the right toappeal and that she was giving up her right to appeal, among other things, the sentence imposedin consideration of the plea agreement (see People v Cannelli, 173 AD3d 1567, 1568 [2019]; People v Johnson, 170 AD3d1274, 1275 [2019]; People vWatkins, 166 AD3d 1239, 1240 [2018], lv denied 33 NY3d 955 [2019]). Underthese circumstances, we find that defendant knowingly, intelligently and voluntarily waived herright to appeal. In light of the valid waiver, defendant's argument regarding the perceived severityof the agreed-upon sentence is precluded (see People v Freeman, 169 AD3d 1115, 1116 [2019], lvdenied 33 NY3d 1069 [2019]; People v Chapman, 168 AD3d 1315, 1316 [2019], lvdenied 33 NY3d 1067 [2019]).
Garry, P.J., Lynch, Clark and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.