Opinion
96 KA 14–01771
02-09-2018
The PEOPLE of the State of New York, Respondent, v. Sarah A. Murphy SEARS, Defendant–Appellant.
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT–APPELLANT. BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT–APPELLANT.
BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted assault in the second degree ( Penal Law §§ 110.00, 120.05[2] ). Contrary to her contention, the record demonstrates that defendant validly waived her right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Defendant's valid waiver of her right to appeal forecloses her challenge to the severity of her sentence (see id. at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Although defendant's challenges to her Alford plea are not foreclosed by her waiver of the right to appeal, she failed to preserve those challenges for our review (see People v. Elliott, 107 A.D.3d 1466, 1466, 965 N.Y.S.2d 899 [4th Dept. 2013], lv denied 22 N.Y.3d 996, 981 N.Y.S.2d 2, 3 N.E.3d 1170 [2013] ). We decline to exercise our power to review those challenges as a matter of discretion in the interest of justice (see CPL 470.15[3][c] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.