Opinion
07-26-2024
The PEOPLE of the State of New York, Respondent, v. Sienna FOUMAKOYE, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (James F. Bargnesi, J.), rendered September 6, 2023. The judgment convicted defendant, upon a plea of guilty, of grand larceny in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, OGDEN, NOWAK, AND DELCONTE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed and the matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50 (5).
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of grand larceny in the second degree (Penal Law § 155.40 [1]). Contrary to defendant’s contention, we conclude on this record that defendant’s waiver of the right to appeal was knowing, voluntary, and intelligent (see People v. Hawkins, 224 A.D.3d 1219, 1219, 202 N.Y.S.3d 860 [4th Dept. 2024]; see also People v. Roberto, 224 A.D.3d 1367, 1367, 204 N.Y.S.3d 854 [4th Dept. 2024]; see generally People v. Thomas, 34 N.Y.3d 545, 559-564, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied — U.S.—, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]). Defendant’s valid waiver of the right to appeal precludes our review of her challenge to the severity of her sentence (see People v. Lopez, 6 N.Y.3d 248, 255-256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).