People v Barnwell, 2024 NY Slip Op 05697 [232 AD3d 1266]
November 15, 2024
Appellate Division, Fourth Department
[*1]
The People of the State of New York, Respondent,
v
Gail Barnwell, Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan Hutchison of counsel), for defendant-appellant.
Michael J. Keane, Acting District Attorney, Buffalo (Mindy F. Vanleuvan of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered December 1, 2021. The judgment convicted defendant, upon a plea of guilty, of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant’s contention, we conclude on this record that defendant’s waiver of the right to appeal was knowing, voluntary, and intelligent ( see People v Scott , 144 AD3d 1597 , 1598 [4th Dept 2016], lv denied 28 NY3d 1150 [2017]; People v DeFazio , 105 AD3d 1438 , 1439 [4th Dept 2013], lv denied 21 NY3d 1015 [2013]; see generally People v Thomas , 34 NY3d 545 , 559-564 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]). Defendant’s valid waiver of the right to appeal precludes our review of her challenge to the severity of her sentence ( see People v Lopez , 6 NY3d 248 , 255-256 [2006]). Present—Smith, J.P., Curran, Montour, Greenwood and Hannah, JJ..