Opinion
840 KA 15–01998
06-29-2018
The PEOPLE of the State of New York, Respondent, v. Shanequa J. CROCKETT, Defendant–Appellant.
DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.
DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
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, inter alia, criminal possession of a weapon in the second degree ( Penal Law § 265.03[1][b] ). Contrary to defendant's contention, we conclude that her valid waiver of the right to appeal with respect to both the conviction and the sentence forecloses her challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Lassiter, 149 A.D.3d 1579, 1579–1580, 51 N.Y.S.3d 465 [4th Dept. 2017], lv denied 29 N.Y.3d 1092, 63 N.Y.S.3d 9, 85 N.E.3d 104 [2017] ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] ; People v. Joubert, 158 A.D.3d 1314, 1315, 68 N.Y.S.3d 375 [4th Dept. 2018], lv denied 31 N.Y.3d 1014, 78 N.Y.S.3d 284, 102 N.E.3d 1065 [2018] ). Defendant further contends that County Court misapprehended its sentencing discretion and thus was unaware that it had the discretion to impose a shorter period of postrelease supervision. Although that contention survives the valid waiver of the right to appeal and does not require preservation (see People v. Davis, 115 A.D.3d 1239, 1239, 982 N.Y.S.2d 272 [4th Dept. 2014] ), we conclude that it is without merit (see People v. Moore, 59 A.D.3d 983, 984, 874 N.Y.S.2d 341 [4th Dept. 2009], lv denied 12 N.Y.2d 857, 881 N.Y.S.2d 668, 909 N.E.2d 591 [2009] ; People v. Burgess, 23 A.D.3d 1095, 1095, 805 N.Y.S.2d 216 [4th Dept. 2005], lv denied 6 N.Y.3d 810, 812 N.Y.S.2d 450, 845 N.E.2d 1281 [2006] ; cf. Davis, 115 A.D.3d at 1239–1240, 982 N.Y.S.2d 272 ).