| People v Burnett |
| 2020 NY Slip Op 05097 [186 AD3d 1837] |
| September 24, 2020 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Deborah F. Burnett, Also Known as Debra Burnett, Also Known asDeborah Barnett, Also Known as Debbie Turner, Appellant. |
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Letitia James, Attorney General, New York City (Matthew B. Keller of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall, J.), renderedSeptember 27, 2018, convicting defendant upon her plea of guilty of the crimes of moneylaundering in the second degree, grand larceny in the second degree, scheme to defraud in thefirst degree and tax fraud in the third degree.
In full satisfaction of a 29-count indictment, defendant pleaded guilty to money laundering inthe second degree, grand larceny in the second degree, scheme to defraud in the first degree andcriminal tax fraud in the third degree. As contemplated by the plea agreement, defendant alsoexecuted a waiver of the right to appeal, as well as a confession of judgment totaling over $1.3million. Consistent with the terms of the plea agreement, defendant was subsequently sentencedto concurrent prison terms of 3 to 9 years for her convictions of money laundering in the seconddegree and grand larceny in the second degree and to lesser concurrent prison terms for theremaining convictions. Defendant appeals, principally contending that her sentence is harsh andexcessive.
Initially, defendant claims that her appeal waiver was invalid. We disagree. Defendant wasadvised that an appeal waiver was a condition of the plea agreement, and County Court furtheradvised defendant of the trial-related rights that she was automatically forfeiting by pleadingguilty and explained that the right to appeal was separate and distinct from those rights (see People v Danzy, 182 AD3d920, 921 [2020], lv denied 35 NY3d 1043 [2020]; People v Gumbs, 182 AD3d 701,702 [2020], lv denied 35 NY3d 1066 [2020]). Defendant also executed in open court a written waiver ofappeal—which was comprehensive and extended to the severity of thesentence—after conferring with counsel about its contents and stating that she understoodthat she was giving up her appellate rights (see People v King, 184 AD3d 909, 910 [2020]; People v Eaton, 182 AD3d 922,923 [2020]). Accordingly, and discerning no other infirmities with the appeal waiver (compare People v Thomas, 34 NY3d545, 562-563 [2019]), we conclude that defendant's combined oral and written waiver of theright to appeal was knowing, intelligent and voluntary (see People v Acevedo, 179 AD3d 1397, 1399 [2020]; People v Sabin, 179 AD3d 1401,1402 [2020], lv denied 35 NY3d 995 [2020]). Given the valid appeal waiver, defendant'schallenge to the severity of the agreed-upon sentence is precluded (see People v Eaton,182 AD3d at 923; People vCrawford, 181 AD3d 1057, 1059 [2020]).
Garry, P.J., Lynch, Clark, Aarons and Colangelo, JJ., concur. Ordered that the judgment isaffirmed.