| People v Pluviose |
| 2025 NY Slip Op 03449 [239 AD3d 1326] |
| June 6, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Kimara Pluviose, Appellant. |
Todd G. Monahan, Little Falls, for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Merideth H. Smith of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Victoria M. Argento, J.), rendered January 12, 2023. The judgment convicted defendant upon her plea of guilty of burglary in the first 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 burglary in the first degree (Penal Law § 140.30 [2]). The record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses her challenge to the severity of the sentence (see People v Smalls, 128 AD3d 1229, 1230 [3d Dept 2015], lv denied 27 NY3d 1006 [2016], denied reconsideration 27 NY3d 1155 [2016], cert denied 580 US 1002 [2016]). Present—Lindley, J.P., Montour, Ogden, Greenwood and Keane, JJ.