Opinion
08-16-2017
The PEOPLE, etc., respondent, v. Deborah JACKSON, appellant.
Deborah Jackson, Westbury, NY, appellant pro se. Madeline Singas, District Attorney, Mineola, NY (Laurie K. Gibbons and Hilda Mortensen of counsel), for respondent.
Deborah Jackson, Westbury, NY, appellant pro se.
Madeline Singas, District Attorney, Mineola, NY (Laurie K. Gibbons and Hilda Mortensen of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Bogle, J.), rendered October 11, 2016, convicting her of attempted assault in the second degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of her right to appeal precludes review of her contention that the Supreme Court lacked the authority to correct a ministerial error that occurred during the plea proceedings (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), as well as her challenge to the factual sufficiency of the plea allocution (see People v. Lagarenne, 148 A.D.3d 826, 47 N.Y.S.3d 909 ; People v. Carle, 121 A.D.3d 1011, 993 N.Y.S.2d 918 ). Her contentions that the error and its allegedly deficient correction affected the voluntariness of her plea and rendered her sentence illegal are not barred by her valid waiver of her right to appeal (see People v. Lopez, 6 N.Y.2d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145). However, these contentions are without merit (see generally
People v. Wright, 56 N.Y.2d 613, 614, 450 N.Y.S.2d 473, 435 N.E.2d 1088 ; People v. Rubendall, 4 A.D.3d 13, 17, 772 N.Y.S.2d 346 ).
RIVERA, J.P., LEVENTHAL, AUSTIN and CHRISTOPHER, JJ., concur.