People v. Burnett, 2020 NY Slip Op 05097 (N.Y. App. Div. 2020). · Go Syfert
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People v. Burnett, 2020 NY Slip Op 05097 (N.Y. App. Div. 2020). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Carter
N.Y. App. Div. · 2021 · confidence medium
In each instance, defendant also executed a written appeal waiver — which specifically extended to the severity of the sentence — after conferring with counsel and assured the court that he understood its contents and was voluntarily waiving his right to appeal ( see People v Mirel , 194 AD3d 1198, 1199 [2021]; People v Burnett , 186 AD3d 1837, 1838 [2020], lvs denied 36 NY3d 969 , 970 [2020]; People v Hammond , 186 AD3d 1836, 1836-1837 [2020]).
discussed Cited as authority (rule) People v. McCoy
N.Y. App. Div. · 2021 · confidence medium
Defendant also executed a written waiver after reviewing it with counsel and assuring County Court that he understood it ( see People v Botts , 191 AD3d 1044, 1044-1045 [2021], lv denied 36 NY3d 1095 [2021]; People v Burnett , 186 AD3d 1837, 1838 [2020], lvs denied 36 NY3d 969 , 970 [2020]).
discussed Cited as authority (rule) People v. Guerrero
N.Y. App. Div. · 2021 · confidence medium
Accordingly, defendant's challenge to the agreed-upon sentence imposed is precluded ( see People v Dolison , 189 AD3d 1779, 1780 [2020], lv denied ___ NY3d ___ [Apr. 18, 2021]; People v Burnett , 186 AD3d 1837, 1838 [2020], lvs denied 36 NY3d 969 , 970 [2020]).
discussed Cited as authority (rule) People v. Hemingway (2×)
N.Y. App. Div. · 2021 · confidence medium
At the outset, County Court advised defendant that the appeal waiver was part of the plea agreement and, after explaining the trial-related rights that he was forfeiting by pleading guilty, the court informed him that the right to appeal was separate and distinct from those rights ( see People v Burnett , 186 AD3d 1837, 1837-1838 [2020], lvs denied 36 NY3d 969 , 970 [2020]; People v Williams , 185 AD3d 1352, 1353 [2020], lv denied 35 NY3d 1116 [2020]).
discussed Cited as authority (rule) People v. Thaxton
N.Y. App. Div. · 2021 · confidence medium
Defendant also executed a comprehensive written waiver of appeal after reviewing it with counsel and assuring the court that he understood it and had no questions ( see People v Burnett , 186 AD3d 1837, 1838 [2020], lvs denied 36 NY3d 969 , 970 [2020]).
discussed Cited as authority (rule) People v. Carter
N.Y. App. Div. · 2021 · confidence medium
Defendant's remaining challenge to the severity of the agreed-upon sentence is precluded by the valid appeal waiver ( see People v Lopez , 6 NY3d at 256; People v Burnett , 186 AD3d 1837, 1838 [2020], lvs denied 36 NY3d 969 , 970 [2020]).
discussed Cited as authority (rule) People v. Botts
N.Y. App. Div. · 2021 · confidence medium
Given the valid appeal waiver, defendant's challenge to the sentence as harsh and excessive is foreclosed ( see People v Lopez , 6 NY3d at 256 ; People v Burnett , 186 AD3d 1837, 1838 [2020], lv denied ___ NY3d ___ [Dec. 8, 2020]; People v Purnell , 186 AD3d 1834, 1834-1835 [2020], lv denied ___ NY3d ___ [Dec. 10, 2020]).
discussed Cited as authority (rule) People v. Votaw
N.Y. App. Div. · 2021 · confidence medium
As such, defendant's appeal waiver was valid ( see People v Burnett , 186 AD3d 1837, 1837-1838 [2020]). "[G]enerally, an appeal waiver will encompass any issue that does not involve a right of constitutional dimension going to the very heart of the process" ( People v Lopez , 6 NY3d at 255 [internal quotation marks and citation omitted]) and, consequently, we have held that a statutory speedy trial claim is precluded by a valid appeal waiver ( see People v Harrison , 176 AD3d 1262 , 1264 [2019], lv denied 34 NY3d 1016 [2019]; People v Gardiner , 159 AD3d 1233 , 1234 [2018], lv denied 31 NY3d 1…
Retrieving the full opinion text from the archive…
People
v.
Burnett
110651.
Appellate Division of the Supreme Court of the State of New York.
Sep 24, 2020.
2020 NY Slip Op 05097
Cited by 8 opinions  |  Published
People v Burnett (2020 NY Slip Op 05097)
People v Burnett
2020 NY Slip Op 05097
Decided on September 24, 2020
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: September 24, 2020

110651

[*1]The People of the State of New York, Respondent,

v

Deborah F. Burnett, Also Known as Debra Burnett, Deborah Barnett and Debbie Turner, Appellant.


Calendar Date: September 4, 2020
Before: Garry, P.J., Lynch, Clark, Aarons and Colangelo, JJ.

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), for respondent.



Appeal from a judgment of the County Court of Warren County (Hall, J.), rendered September 27, 2018, convicting defendant upon her plea of guilty of the crimes of money laundering in the second degree, grand larceny in the second degree, scheme to defraud in the first degree and tax fraud in the third degree.

In full satisfaction of a 29-count indictment, defendant pleaded guilty to money laundering in the second degree, grand larceny in the second degree, scheme to defraud in the first degree and criminal tax fraud in the third degree. As contemplated by the plea agreement, defendant also executed a waiver of the right to appeal, as well as a confession of judgment totaling over $1.3 million. Consistent with the terms of the plea agreement, defendant was subsequently sentenced to concurrent prison terms of 3 to 9 years for her convictions of money laundering in the second degree and grand larceny in the second degree and to lesser concurrent prison terms for the remaining convictions. Defendant appeals, principally contending that her sentence is harsh and excessive.

Initially, defendant claims that her appeal waiver was invalid. We disagree. Defendant was advised that an appeal waiver was a condition of the plea agreement, and County Court further advised defendant of the trial-related rights that she was automatically forfeiting by pleading guilty and explained that the right to appeal was separate and distinct from those rights (see People v Danzy, 182 AD3d 920, 921 [2020], lv denied 35 NY3d 1043 [2020]; People v Gumbs, 182 AD3d 701, 702 [2020], lv denied ___ NY3d ___ [Aug. 28, 2020]). Defendant also executed in open court a written waiver of appeal — which was comprehensive and extended to the severity of the sentence — after conferring with counsel about its contents and stating that she understood that 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 NY3d 545, 562-563 [2019]), we conclude that defendant's combined oral and written waiver of the right 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's challenge to the severity of the agreed-upon sentence is precluded (see People v Eaten, 182 AD3d at 923; People v Crawford, 181 AD3d 1057, 1059 [2020]).

Garry, P.J., Lynch, Clark, Aarons and Colangelo, JJ., concur.

ORDERED that the judgment is affirmed.