Opinion
06696
07-02-2015
The PEOPLE of the State of New York, Respondent, v. Katherine M. MAYO, Appellant.
Bruce Evans Knoll, Albany, for appellant. Stuart M. Cohen, Special Prosecutor, Rensselaer, for respondent.
Bruce Evans Knoll, Albany, for appellant.
Stuart M. Cohen, Special Prosecutor, Rensselaer, for respondent.
Before: McCARTHY, J.P., EGAN JR., LYNCH and DEVINE, JJ.
Opinion
DEVINE, J.Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered January 10, 2014, convicting defendant upon her plea of guilty of the crime of criminal mischief in the third degree.
Defendant waived indictment, pleaded guilty to a superior court information charging her with criminal mischief in the third degree and waived her right to appeal. County Court thereafter sentenced her, as a second felony offender, to a prison term of 1 ½ to 3 years. Defendant now appeals.
We affirm. Contrary to defendant's contention, her waiver of the right to appeal was valid. Both the plea colloquy and the written waiver informed her of the separate and distinct nature of her right to appeal, and County Court confirmed that defendant had discussed the waiver with counsel and understood its ramifications. Accordingly, we conclude that she knowingly, intelligently and voluntarily waived the right to appeal her conviction and sentence (see People v. Lyman, 119 A.D.3d 968, 969, 988 N.Y.S.2d 717 [2014] ; People v. Fligger, 117 A.D.3d 1343, 1344, 986 N.Y.S.2d 689 [2014], lv. denied 23 N.Y.3d 1061, 994 N.Y.S.2d 321, 18 N.E.3d 1142 [2014] ). Defendant's valid waiver precludes her contention that her sentence is harsh and excessive (see People v. Velazquez, 125 A.D.3d 1063, 1063, 3 N.Y.S.3d 193 [2015], lv. denied 25 N.Y.3d 993, 10 N.Y.S.3d 536, 32 N.E.3d 973 [2015] ; People v. Merrill, 123 A.D.3d 1339, 1340, 999 N.Y.S.2d 265 [2014] ).
Defendant's challenge to the factual sufficiency of her guilty plea and her claim that the plea should be vacated because County Court failed to inquire as to a potential intoxication defense are unpreserved for our review, inasmuch as the record does not indicate that she made an appropriate postallocution motion (see People v. Pearson, 110 A.D.3d 1116, 1116, 972 N.Y.S.2d 359 [2013] ; People v. Campbell, 81 A.D.3d 1184, 1185, 917 N.Y.S.2d 419 [2011] ). Moreover, defendant did not make any statements during the plea colloquy that cast doubt upon her guilt or negated an essential element of the crime so as to trigger the narrow exception to the preservation rule or obligate County Court to undertake further inquiry concerning a potential intoxication defense (see People v. Brown, 125 A.D.3d 1049, 1049–1050, 2 N.Y.S.3d 699 [2015] ; People v. Pearson, 110 A.D.3d at 1116, 972 N.Y.S.2d 359 ).
ORDERED that the judgment is affirmed.
McCARTHY, J.P., EGAN JR. and LYNCH, JJ., concur.