Opinion
09-17-2015
The PEOPLE of the State of New York, Respondent, v. Amy BEBLOWSKI, Appellant.
Timothy S. Brennan, Schenectady, for appellant. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Timothy S. Brennan, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Opinion Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered March 4, 2013, convicting defendant upon her plea of guilty of the crime of burglary in the second degree (two counts).In satisfaction of a multi-count indictment, defendant pleaded guilty to two counts of burglary in the second degree and waived her right to appeal. She was sentenced to concurrent prison terms of eight years, followed by 3 ½ years of postrelease supervision. Defendant appeals.
A review of the plea colloquy and counseled written waiver of the right to appeal executed by defendant and defense counsel in open court demonstrate that defendant knowingly, voluntarily and intelligently waived her right to appeal (see People v. Merrill, 123 A.D.3d 1339, 1339, 999 N.Y.S.2d 265 [2014] ; People v. Dyckman, 114 A.D.3d 994, 995, 979 N.Y.S.2d 872 [2014], lv. denied 23 N.Y.3d 1036, 993 N.Y.S.2d 250, 17 N.E.3d 505 [2014] ). Given the valid waiver of appeal, defendant's contention that the agreed-upon prison sentence is harsh and excessive is foreclosed (see People v. Bryant, 128 A.D.3d 1223, 1224, 10 N.Y.S.3d 341 [2015] ; People v. Burritt, 127 A.D.3d 1433, 1434, 6 N.Y.S.3d 806 [2015] ).
ORDERED that the judgment is affirmed.
McCARTHY, J.P., GARRY, ROSE and LYNCH, JJ., concur.