Opinion
06-10-2016
The PEOPLE of the State of New York, Respondent, v. Debora K. GRAMZA, Defendant–Appellant. (Appeal No. 1.)
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for Defendant–Appellant. Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Daniel J. Punch of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for Defendant–Appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Daniel J. Punch of Counsel), for Respondent.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM: In appeal No. 1, defendant appeals from a judgment convicting her upon her plea of guilty of grand larceny in the second degree (Penal Law § 155.40[1] ) and falsifying business records in the first degree (§ 175.10). 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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Frank, 258 A.D.2d 900, 900–901, 685 N.Y.S.2d 555, lv. denied 93 N.Y.2d 924, 693 N.Y.S.2d 507, 715 N.E.2d 510 ), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ).
In appeal No. 2, defendant appeals from a judgment convicting her upon her plea of guilty of offering a false instrument for filing in the first degree (Penal Law former § 175.35). We agree with defendant that her waiver of the right to appeal was invalid inasmuch as she pleaded guilty to the sole count in the superior court information without receiving a sentencing commitment or any other consideration (see People v. Collins, 129 A.D.3d 1676, 1676, 12 N.Y.S.3d 477, lv. denied 26 N.Y.3d 1038, 22 N.Y.S.3d 168, 43 N.E.3d 378 ; cf. Frank, 258 A.D.2d at 900–901, 685 N.Y.S.2d 555 ), but we nevertheless reject her challenge to the severity of the sentence.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.