People v. Guest

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered March 10, 2016. The judgment

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 manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant’s contention, we conclude that she “knowingly, intelligently and voluntarily” waived her right to appeal (People v Lopez, 6 NY3d 248 , 256 [2006]), and that she “ha[d] ‘a full appreciation of the consequences’ of such waiver” (People v Bradshaw, 18 NY3d 257 , 264 [2011]). We further conclude, “[b]ased on the combination of a lengthy oral colloquy, a written waiver wherein defendant ‘expressly waived [her] right to appeal without limitation,’ and an acknowledgment of that written waiver during the oral colloquy, . . . that the valid waiver of the right to appeal encompasses defendant’s challenge to the severity of the sentence” (People v Morales, 148 AB3d 1638, 1639 [4th Dept 2017], lv denied 29 NY3d 1083 [2017]). We have reviewed defendant’s remaining contentions regarding the waiver of the right to appeal and conclude that they are without merit.

Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.