People v. Cannelli
| Decision Date | 27 June 2019 |
| Docket Number | 109849 |
| Citation | 101 N.Y.S.3d 668 (Mem),173 A.D.3d 1567 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE of the State of New York, Respondent, v. Laurie M. CANNELLI, Appellant. |
173 A.D.3d 1567
101 N.Y.S.3d 668 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Laurie M. CANNELLI, Appellant.
109849
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: May 24, 2019
Decided and Entered: June 27, 2019
Lisa A. Burgess, Indian Lake, for appellant.
Karen A. Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Mulvey, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Saratoga County (Murhpy, J.), rendered August 21, 2017, convicting defendant upon her plea of guilty of the crimes of criminal possession of a controlled substance in the fourth degree and burglary in the second degree.
In February 2017, defendant was charged in an indictment with criminal possession of a controlled substance in the
third degree (two counts) and driving while ability impaired by drugs. Following her arraignment on that indictment, defendant was charged in another indictment with burglary in the first degree (five counts), attempted robbery in the first degree, criminal possession of a weapon in the third degree (two counts), assault in the second degree (five counts), menacing in the second degree (two counts), criminal mischief in the third degree, kidnapping in the second degree and criminal sale of a controlled substance in the third degree (two counts). Pursuant to a negotiated plea agreement, and in full satisfaction of both indictments, defendant pleaded guilty to the reduced charges of criminal possession of a controlled substance in the fourth degree in satisfaction of the first indictment and burglary in the second degree in satisfaction of the second indictment and waived her right to appeal, both orally and in writing. Consistent with the terms of the plea agreement, County Court imposed upon defendant, as a second felony offender, a prison sentence of 12 years, to be followed by five years of postrelease supervision, for her burglary conviction and to a lesser concurrent sentence on her remaining conviction. Defendant now appeals, contending that her appeal waivers is invalid and that her agreed-upon sentence is harsh and excessive.
We affirm. Contrary to her contention, defendant validly waived her right...
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...intelligent and voluntary (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Cannelli, 173 A.D.3d 1567, 1568, 101 N.Y.S.3d 668 [2019] ; People v. Thacker, 173 A.D.3d at 1360–1361, 102 N.Y.S.3d 764 ; People v. Koontz, 166 A.D.3d at 1216, 86 N.Y.S.3d......
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People v. Almonte
...by the guilty plea, and defendant stated to the court that he read and "fully underst[ood]" the written waiver (see People v. Cannelli, 173 A.D.3d 1567, 1568, 101 N.Y.S.3d 668 [2019] ; People v. Johnson, 170 A.D.3d 1274, 1275, 95 N.Y.S.3d 467 [2019] ; People v. Page, 138 A.D.3d 1313, 1314, ......
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People v. Blanchard
...of the plea agreement, and defendant indicated his understanding of this condition and that he had no questions (see People v. Cannelli, 173 A.D.3d 1567, 1567–1568, 101 N.Y.S.3d 668 [2019] ; People v. Vanalst, 171 A.D.3d 1349, 1350, 96 N.Y.S.3d 767 [2019], lv denied 33 N.Y.3d 1109, 106 N.Y.......
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People v. Harrison
...defendant indicated that he understood that the plea agreement required him to waive his right to appeal (see People v. Cannelli, 173 A.D.3d 1567, 1567–1568, 101 N.Y.S.3d 668 [2019] ; People v. Cherry, 166 A.D.3d 1220, 1221, 86 N.Y.S.3d 355 [2018] ). County Court distinguished the right to ......