People v. Tolliver
| Decision Date | 09 February 2012 |
| Citation | 2012 N.Y. Slip Op. 00859,937 N.Y.S.2d 896,92 A.D.3d 1024 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Tiffany TOLLIVER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Tracy Dam Chieco, Palatine Bridge, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Before: MERCURE, Acting P.J., SPAIN, ROSE and McCARTHY, JJ.
MALONE JR., J.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered July 8, 2008, convicting defendant upon her plea of guilty of the crime of robbery in the first degree.
In satisfaction of a 16–count indictment and another pending charge, defendant pleaded guilty to robbery in the first degree and waived her right to appeal. Defendant was sentenced to the agreed-upon prison term of 18 years followed by a period of postrelease supervision. Defendant now appeals.
We are unpersuaded by defendant's contention that her appeal waiver was not knowing, intelligent and voluntary. The plea minutes establish that County Court distinguished the waiver of the right to *897 appeal from the rights forfeited by the guilty plea, and defendant affirmed that she understood the appeal waiver ( see People v. McDuffie, 89 A.D.3d 1154, 1156, 932 N.Y.S.2d 228 [2011]; People v. Benson, 87 A.D.3d 1228, 929 N.Y.S.2d 885 [2011] ). Moreover, the court confirmed that defendant executed a counseled written appeal waiver ( see People v. McDuffie, 89 A.D.3d at 1156, 932 N.Y.S.2d 228).
To the extent that defendant challenges the voluntariness of her plea, it is not preserved for our review inasmuch as she did not move to withdraw her plea or vacate the judgment of conviction ( see People v. Norton, 88 A.D.3d 1027, 1028, 930 N.Y.S.2d 499 [2011] ). Nor does the narrow exception to the preservation rule apply here inasmuch as a review of the plea colloquy reveals that defendant made no statements to cast doubt upon her guilt or to negate an essential element of the crime to which she pleaded guilty ( see id.).
ORDERED that the judgment is affirmed.
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