People v. Tomko, 110536
| Decision Date | 30 July 2020 |
| Docket Number | 110536 |
| Citation | 185 A.D.3d 1356,128 N.Y.S.3d 98 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Christine TOMKO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
185 A.D.3d 1356
128 N.Y.S.3d 98
The PEOPLE of the State of New York, Respondent,
v.
Christine TOMKO, Appellant.
110536
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: June 26, 2020
Decided and Entered: July 30, 2020
Rural Law Center of New York, Castleton (Kristin A. Bluvas of counsel), for appellant.
Jason M. Carusone, District Attorney, Lake George (Rebecca Nealon of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Aarons and Colangelo, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered March 14, 2018, convicting defendant upon her plea of guilty of the crimes of robbery in the first degree and burglary in the second degree.
Defendant and a codefendant were charged in an indictment with numerous crimes, including attempted murder, stemming from their commission of a string of burglaries and robberies during one of which a convenience store clerk was shot by the codefendant. Pursuant to a plea agreement, defendant pleaded guilty to robbery in the first degree and burglary in the second degree with the understanding that she would be sentenced to an aggregate prison sentence of no less than 12 years and no
more than 24 years, followed by five years of postrelease supervision. Defendant was also required to waive her right to appeal. County Court thereafter sentenced defendant to a prison term of 20 years on the robbery conviction, followed by five years of postrelease supervision, and a lesser concurrent term on the remaining conviction. Defendant appeals.
We affirm. Defendant contends that her waiver of the right to appeal was not knowing, intelligent and voluntary. We agree. "[I]n determining whether the record demonstrates that a defendant understood
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