| People v Kastenhuber |
| 2020 NY Slip Op 00937 [180 AD3d 1333] |
| February 7, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Kira Kastenhuber, Appellant. |
Emily P. Trott, Buffalo, for defendant-appellant.
Lawrence Friedman, Special District Attorney, Batavia and New York ProsecutorsTraining Institute, Inc., Albany (Karen Fisher McGee of counsel), for respondent.
Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.),rendered December 1, 2016. The judgment convicted defendant upon a plea of guilty ofmurder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting her upon her plea ofguilty of murder in the second degree (Penal Law § 125.25 [1]). We agreewith the People that the record establishes that defendant validly waived her right toappeal. County Court engaged defendant in "an adequate colloquy to ensure that thewaiver of the right to appeal was a knowing and voluntary choice" (People v Suttles, 107 AD3d1467, 1468 [4th Dept 2013], lv denied 21 NY3d 1046 [2013] [internalquotation marks omitted]). In addition, defendant's oral waiver of the right to appeal wasaccompanied by a written waiver stating, inter alia, that her appellate rights were fullyexplained to her by the court and defense counsel (see People v Ramos, 7 NY3d 737, 738 [2006]).Defendant's valid waiver of the right to appeal forecloses her challenges to the court'ssuppression ruling (see People vGibson, 147 AD3d 1507, 1508 [4th Dept 2017], lv denied 29 NY3d1032 [2017]; People vBraxton, 129 AD3d 1674, 1675 [4th Dept 2015], lv denied 26 NY3d965 [2015]).
Finally, defendant's contention that she was denied effective assistance of counsel"does not survive [her] guilty plea or [her] waiver of the right to appeal because therewas no showing that the plea bargaining process was infected by [the] allegedlyineffective assistance or that defendant entered the plea because of [her] attorney['s]allegedly poor performance" (People v Ayala, 117 AD3d 1447, 1448 [4th Dept 2014],lv denied 23 NY3d 1033 [2014] [internal quotation marks omitted]).Present—Whalen, P.J., Carni, Bannister and DeJoseph, JJ.