People v. Mayo, 06696
| Decision Date | 02 July 2015 |
| Docket Number | 06696 |
| Citation | 2015 N.Y. Slip Op. 05720,130 A.D.3d 1099,12 N.Y.S.3d 389 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Katherine M. MAYO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
130 A.D.3d 1099
12 N.Y.S.3d 389
2015 N.Y. Slip Op. 05720
The PEOPLE of the State of New York, Respondent
v.
Katherine M. MAYO, Appellant.
06696
Supreme Court, Appellate Division, Third Department, New York.
July 2, 2015.
Bruce Evans Knoll, Albany, for appellant.
Stuart M. Cohen, Special Prosecutor, Rensselaer, for respondent.
Before: McCARTHY, J.P., EGAN JR., LYNCH and DEVINE, JJ.
Opinion
DEVINE, J.
Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered January 10, 2014, convicting defendant upon her plea of guilty of the crime of criminal mischief in the third degree.
Defendant waived indictment, pleaded guilty to a superior court information charging her with criminal mischief in the third degree and waived her right to appeal. County Court thereafter sentenced her, as a second felony offender, to a prison term of 1 ½ to 3 years. Defendant now appeals.
We affirm. Contrary to defendant's contention, her waiver of the right to appeal was valid. Both the plea colloquy and the
written waiver informed her of the separate and distinct nature of her right to appeal, and County Court confirmed that defendant had discussed the waiver with counsel and understood its ramifications. Accordingly, we conclude that she knowingly, intelligently and voluntarily
waived the right to appeal her conviction and sentence (see People v. Lyman, 119 A.D.3d 968, 969, 988 N.Y.S.2d 717 [2014] ; People v. Fligger, 117 A.D.3d 1343, 1344, 986 N.Y.S.2d 689 [2014], lv. denied 23 N.Y.3d 1061, 994 N.Y.S.2d 321, 18 N.E.3d 1142 [2014] ). Defendant's valid waiver precludes her contention that her sentence is harsh and excessive (see People v. Velazquez, 125 A.D.3d 1063, 1063, 3 N.Y.S.3d 193 [2015], lv. denied 25 N.Y.3d 993, 10 N.Y.S.3d 536, 32 N.E.3d 973 [2015] ; People v. Merrill, 123 A.D.3d 1339, 1340, 999 N.Y.S.2d 265 [2014] ).
Defendant's challenge to the factual sufficiency of her guilty plea...
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