People v. Green, 387

• Decision Date: 27 April 2018
• Docket Number: 387,KA 16–00295
• Citation: 72 N.Y.S.3d 870 (Mem),160 A.D.3d 1422
• Parties: The PEOPLE of the State of New York, Respondent, v. Nicole L. GREEN, also Known as Nicole Green, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

160 A.D.3d 1422

72 N.Y.S.3d 870 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Nicole L. GREEN, also Known as Nicole Green, Defendant–Appellant.

387

KA 16–00295

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: April 27, 2018

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO, BARCLAY DAMON LLP (BRIDGET C. STEELE OF COUNSEL), FOR DEFENDANT–APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.

MEMORANDUM AND ORDERMemorandum:

Defendant appeals from a judgment convicting her upon her plea of guilty of attempted burglary in the second degree ( Penal Law §§ 110.00, 140.25 [2] ). Contrary to defendant's contention, the record establishes that she knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). That valid waiver forecloses defendant's challenge to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.