People v. Thomas

• Decision Date: 21 June 1999
• Citation: 691 N.Y.S.2d 792
• Parties: The PEOPLE, etc., respondent, v. Tenique THOMAS, appellant.
• Court: New York Supreme Court — Appellate Division

Page 792

691 N.Y.S.2d 792

The PEOPLE, etc., respondent, v. Tenique THOMAS, appellant.

Supreme Court, Appellate Division,

Second Department, New York.

June 21, 1999.

Evelyn K. Isaac, White Plains, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Valerie A. Livingston and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered April 4, 1997, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant did not move to withdraw her plea or to vacate the judgment of conviction on the ground that her plea was not voluntary. As a result, this claim is not preserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Claudio, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 476 N.E.2d 644). In any event, the plea was knowingly, voluntarily, and intelligently made (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Green, 240 A.D.2d 513, 658 N.Y.S.2d 133).

The defendant waived the claim that her sentence is harsh and excessive by waiving the right to appeal (see, People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46; People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108).

S. MILLER, J.P., SULLIVAN, FRIEDMANN, LUCIANO, and FEUERSTEIN, JJ., concur.