People v. Hubert — 100 A.D.3d 1443

Majority

p. 1443

The People of the State of New York, Respondent, v Cori L. Hubert, Appellant.

[953 NYS2d 536]

— Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.),

p. 1444

rendered June 1, 2011. The judgment convicted defendant, upon her plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Contrary to defendant’s contention, the record establishes that she knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248 , 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255 ; see generally People v Lococo, 92 NY2d 825 , 827 [1998]). Present — Smith, J.P, Fahey, Sconiers, Valentino and Whalen, JJ.

Cases cited

People v. Lopez 6 NY3d 248 N.Y. 2006-02-16 at 256 p. 1444
People v. Lococo 92 NY2d 825 N.Y. 1998-06-04 at 827 p. 1444