At page 687 Review of plea challenges and preservation requirements10 citing casesconspiracy in the fourth degree and burglary in the second degree stemming from a home invasion burglary of an alleged drug dealer in which two of her…
- People v. McCaskill, 76 A.D.2d 751 (N.Y. App. Div. 3d Dep't 2010).publishedGiven defendant’s thorough written waiver, the court’s inquiry of defendant—albeit minimal—coupled with counsel’s assurances that he had reviewed the written waiver with defendant and the execution of the written waiver in open court were…
- People v. Velez, 70 A.D.3d 1191 (N.Y. App. Div. 3d Dep't 2010).publishedAs defendant has not moved to withdraw his plea or vacate his judgment of conviction, we will not review his unpreserved challenge to the voluntariness of his plea (see People v Brady, 59 AD3d 748, 748 [2009]; People v Robles, 53 AD3d 686,…
- People v. McKenzie, 66 A.D.3d 1056 (N.Y. App. Div. 3d Dep't 2009).publishedDefendant’s contention that his waiver of the right to appeal was invalid, due to County Court’s failure during allocution to distinguish the right to appeal from the rights forfeited by his guilty plea, is unpersuasive; defendant, through…
- People v. Patnode, 60 A.D.3d 1109 (N.Y. App. Div. 3d Dep't 2009).publishedAs previously stated, this claim is unpreserved (see People v Sterling, 57 AD3d 1110, 1112-1113 [2008]; People v Robles, 53 AD3d 686, 687 [2008], lv denied 11 NY3d 794 [2008]; People v Clark, 52 AD3d 951, 952 [2008], lv denied 11 NY3d 831…
- People v. Dobrouch, 59 A.D.3d 781 (N.Y. App. Div. 3d Dep't 2009).publishedThe narrow exception to the preservation requirement is not triggered here inasmuch as defendant did not make any statements during his allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of…
- People v. Brady, 59 A.D.3d 748 (N.Y. App. Div. 3d Dep't 2009).publishedInitially, this challenge is not preserved for our review because defendant never moved to withdraw his plea or to vacate the judgment of conviction (see People v Robles, 53 AD3d 686, 687 [2008], lv denied 11 NY3d 794 [2008]; People v Stok…
- People v. Fauntleroy, 57 A.D.3d 1167 (N.Y. App. Div. 3d Dep't 2008).publishedMoreover, the narrow exception to the preservation requirement is not implicated here as defendant did not make any statements during his allocution that were inconsistent with his guilt (see People v Robles, 53 AD3d 686, 687 [2008], lv de…
- People v. Smith, 56 A.D.2d 894 (N.Y. App. Div. 3d Dep't 2008).published Moreover, the narrow exception to the preservation requirement is not triggered here as defendant did not make any statements during his plea allocution that were inconsistent with his guilt (see People v Robles, 53 AD3d 686, 687 [2008], l…
- People v. Nunez, 56 A.D.2d 897 (N.Y. App. Div. 3d Dep't 2008).publishedMoreover, contrary to defendant’s assertion, the narrow exception to the preservation requirement is not triggered here as defendant did not make any statements during the plea allocution that were inconsistent with his guilt (see People v…
- People v. McMillan, 55 A.D.3d 1064 (N.Y. App. Div. 3d Dep't 2008).published Initially, we reject defendant’s argument that his waiver of his right to appeal is invalid in light of the detailed, comprehensive written waiver that he executed when he entered his plea, as well as the colloquy in County Court further e…
At page 688 Preclusion of sentence challenge by valid waiver of appeal2 citing casesFinally, defendant’s challenge to her agreed-upon sentence is precluded by virtue of her valid waiver of appeal (see People v Gomez, 50 AD3d 1391 [2008];…
- People v. Lewis, 70 A.D.3d 1068 (N.Y. App. Div. 3d Dep't 2010).publishedInsofar as defendant validly waived his right to appeal, he is precluded from challenging his sentence as harsh and excessive (see People v Platero, 63 AD3d 1446, 1446 [2009], lv denied 13 NY3d 861 [2009]; People v Robles, 53 AD3d 686, 688…
v.
Nydia Robles
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered September 10, 2007, convicting defendant upon her plea of guilty of the crime of burglary in the second degree.
Defendant was charged in a superior court information with[*687] conspiracy in the fourth degree and burglary in the second degree stemming from a home invasion burglary of an alleged drug dealer in which two of her coconspirators were shot, one fatally. Defendant waived indictment and thereafter pleaded guilty to both counts. Defendant waived her right to appeal and was sentenced in April 2007 to a prison term of lVs to 4 years for conspiracy in the fourth degree. Thereafter, in September 2007, defendant was sentenced to nine years in prison for burglary in the second degree, with three years of postrelease supervision, to be served concurrently with her first sentence. Defendant now appeals from her September 2007 sentence for burglary in the second degree.
We affirm. Defendant’s challenge to the voluntariness of her plea has not been preserved for this Court’s review, inasmuch as she never moved to withdraw her plea or vacate the judgment of conviction (see People v Stokely, 49 AD3d 966, 967 [2008]; People v McEnteggart, 26 AD3d 643, 643 [2006], lv denied 7 NY3d 759 [2006]). Moreover, inasmuch as defendant did not make any statements during her plea allocution that were inconsistent with her guilt, the exception to the preservation rule is inapplicable (see People v Lopez, 71 NY2d 662, 666 [1988]; People v McEnteggart, 26 AD3d at 643). Even were we to consider defendant’s contentions on the merits, we would find them unavailing. Defendant confessed to detailed facts of the crime and accepted responsibility at both sentencing hearings. To the extent that defendant also argues that her waiver of appeal was involuntary, we likewise find such argument unavailing. Defendant—after conferring with counsel at the direction of County Court—executed a detailed written waiver that comprehensively explained the ramifications of same (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Perry, 50 AD3d 1244, 1245 [2008]; People v Ramirez, 42 AD3d 671, 671-672 [2007]).
Next, defendant’s claim of ineffective assistance of counsel as it relates to her plea is similarly unpreserved by her failure to move to withdraw her plea or vacate the judgment of conviction (see People v Parara, 46 AD3d 936, 937 [2007]; People v McEnteggart, 26 AD3d at 643). In any event, defendant’s arguments are unavailing. The record demonstrates that counsel discussed the plea agreement with defendant, represented her at the plea colloquy, took time to explain the effects of her plea during an adjournment, and generally secured an advantageous plea for defendant, which included two different sentencing hearings, the first of which was designed to accommodate the pregnant defendant’s request to give birth while she was in prison rather than county jail.
[*688] Finally, defendant’s challenge to her agreed-upon sentence is precluded by virtue of her valid waiver of appeal (see People v Gomez, 50 AD3d 1391 [2008]; People v Stokely, 49 AD3d 966, 968 [2008]).
Peters, J.P., Spain, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.