People v Smith, 2019 NY Slip Op 07902 [177 AD3d 636]

November 6, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Nicole Smith, Appellant.

Alex Smith, Middletown, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the County Court, Orange County (Craig S. Brown, J.), imposed December 5, 2016, upon her plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived her right to appeal ( see People v Lopez , 6 NY3d 248 , 256 [2006]). The defendant’s valid waiver of her right to appeal precludes appellate review of her contention that the sentence imposed was excessive ( see People v Bradshaw , 18 NY3d 257 , 265 [2011]; People v Lopez , 6 NY3d at 255). Balkin, J.P., Chambers, Cohen, Barros and Connolly, JJ., concur..