People v McMorris, 2017 NY Slip Op 04744 [151 AD3d 1779]

June 9, 2017

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Lakusha M. McMorris, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of counsel), for defendant-appellant.

Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), for respondent.

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered August 17, 2015. The judgment convicted defendant, upon her plea of guilty, of attempted criminal sale of a controlled substance in the third 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 attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]). Contrary to defendant’s contention, the record establishes that County Court did not conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea ( see People v McCrea , 140 AD3d 1655 , 1655 [2016], lv denied 28 NY3d 933 [2016]). The court “ ’expressly ascertained from defendant that, as a condition of the plea, [s]he was agreeing to waive [her] right to appeal’ ” ( id .), and the court expressly advised defendant that the waiver included any challenge to the severity of the sentence. Defendant is therefore foreclosed from challenging the severity of the negotiated sentence ( see People v Lopez , 6 NY3d 248 , 255-256 [2006]). Present—Carni, J.P., Curran, Troutman, Winslow and Scudder, JJ..