People v. Jackson

• Decision Date: 01 February 2023
• Docket Number: 2022–04123,S.C.I. No. 172/21
• Citation: 180 N.Y.S.3d 915 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Deloris K. JACKSON, appellant.
• Court: New York Supreme Court — Appellate Division

180 N.Y.S.3d 915 (Mem)

The PEOPLE, etc., respondent,

v.Deloris K. JACKSON, appellant.

2022–04123

S.C.I. No. 172/21

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

Submitted—January 11, 2023

February 1, 2023

Carol Kahn, New York, NY, for appellant.

William V. Grady, District Attorney, Kew Gardens, NY (Kirsten Rappleyea of counsel), for respondent.

MARK C. DILLON, J.P., LINDA CHRISTOPHER, WILLIAM G. FORD, JANICE A. TAYLOR, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered May 16, 2022, convicting her of burglary in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record establishes that she validly waived her right to appeal. "A waiver of the right to appeal ‘is effective only so long as the record demonstrates that it was made knowingly, intelligently and voluntarily’ " ( People v. Orta, 169 A.D.3d 932, 932, 92 N.Y.S.3d 672, quoting People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). This standard is satisfied "when a defendant has ‘a full appreciation of the consequences’ of such waiver" ( People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645, quoting People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; see People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). "[I]n determining whether the record demonstrates that a defendant understood an appeal waiver's consequences, proper considerations include the defendant's consultation with counsel and on-the-record acknowledgments of understanding" ( People v. Thomas, 34 N.Y.3d at 560, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d at 254, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

The defendant's valid waiver of her right to appeal precludes appellate review of her contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

DILLON, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.