People v. Breithaupt
| Citation | 95 N.Y.S.3d 911 (Mem),171 A.D.3d 1311 |
| Decision Date | 11 April 2019 |
| Docket Number | 109590 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Brandy J. BREITHAUPT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
171 A.D.3d 1311
95 N.Y.S.3d 911 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Brandy J. BREITHAUPT, Appellant.
109590
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: March 15, 2019
Decided and Entered: April 11, 2019
Rural Law Center of New York, Castleton (Keith F. Schockmel of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Devine and Aarons, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of St. Lawrence County (Champagne, J.), rendered June 12, 2017, convicting defendant upon her plea of guilty of the crime of robbery in the second degree.
In full satisfaction of a 12–count indictment, defendant agreed to plead guilty to one count of robbery in the second degree with the understanding that she would be sentenced to a determinate prison term ranging from 10 to 12 years followed by five years of postrelease supervision. The plea agreement also required defendant to waive her right to appeal. Defendant pleaded guilty as contemplated and thereafter was sentenced to a prison term of 12 years followed by five years of postrelease supervision. This appeal ensued.
We affirm. Contrary to defendant's assertion, we find that her waiver of the right to appeal was knowing, intelligent and voluntary. County Court sufficiently distinguished the waiver of the right to appeal from the trial-related rights that defendant was forfeiting by pleading guilty (see People v. Hartfield, 151 A.D.3d 1116, 1118, 57 N.Y.S.3d 217 [2017], lv denied 29 N.Y.3d 1127, 64 N.Y.S.3d 677, 86 N.E.3d 569 [2017] ; People v. Hess, 150 A.D.3d 1560, 1560, 52 N.Y.S.3d 686 [2017] ) and explained that the waiver encompassed, among other things, any challenge to the severity of the sentence imposed. Additionally, defendant executed a detailed written waiver in...
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