People v. Kershaw

• Decision Date: 21 December 2022
• Docket Number: 2021–06049,Ind. No. 488/19
• Citation: 178 N.Y.S.3d 464 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Laquana KERSHAW, also known as "Q," also known as "Quanna," appellant.
• Court: New York Supreme Court — Appellate Division

178 N.Y.S.3d 464 (Mem)

The PEOPLE, etc., respondent,

v.Laquana KERSHAW, also known as "Q," also known as "Quanna," appellant.

2021–06049

Ind. No. 488/19

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

Submitted—September 29, 2022

December 21, 2022

Portale Randazzo LLP, White Plains, NY (Chad Mair of counsel), for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Steven A. Bender of counsel), for respondent.

ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, JOSEPH A. ZAYAS, JANICE A. TAYLOR, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered June 22, 2021, convicting her of conspiracy in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564–565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Scott, 206 A.D.3d 765, 167 N.Y.S.3d 801 ; People v. Corines, 204 A.D.3d 827, 827–828, 166 N.Y.S.3d 260 ; People v. Arce, 196 A.D.3d 696, 697, 148 N.Y.S.3d 687 ). 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, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Scott, 206 A.D.3d 765, 167 N.Y.S.3d 801 ).

IANNACCI, J.P., RIVERA, ZAYAS and TAYLOR, JJ., concur.