Opinion
2001-10879
Argued December 10, 2002.
January 13, 2003.
Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered October 19, 2001, convicting her of grand larceny in the second degree, upon her plea of guilty, and imposing sentence.
Mischel, Neuman Horn, P.C., New York, N.Y. (Richard E. Mischel of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas K. Chong and Valerie A. Livingston of counsel), for respondent.
Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, she knowingly, voluntarily, and intelligently waived the right to appeal her conviction and sentence as part of the plea agreement (see People v. Muniz, 91 N.Y.2d 570; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1; People v. Scott, 272 A.D.2d 783). In light of this waiver, we do not review the defendant's claim that the County Court improvidently exercised its discretion in denying her motion to adjourn sentencing to allow her additional time to make a restitution payment.
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.