People v Moore
2009 NY Slip Op 00269 [58 AD3d 1022]
January 22, 2009
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


The People of the State of New York, Respondent , v Janica Moore, Appellant.

[*1] Erin C. Morigerato, Albany, for appellant.

Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered February 14, 2008, convicting defendant upon her plea of guilty of the crime of promoting prison contraband in the first degree.

Waiving her right to appeal, defendant pleaded guilty to promoting prison contraband in the first degree. County Court thereafter sentenced defendant as negotiated to six months in jail and five years of probation. Defendant now appeals.

The sole contention advanced by defendant is that the sentence imposed is harsh and excessive. She is precluded from making such a challenge, however, given that she validly waived her right to appeal (see People v Wilson, 53 AD3d 928, 929 [2008]). Accordingly, the judgment is affirmed.

Cardona, P.J., Peters, Lahtinen, Kane and Stein, JJ., concur. Ordered that the judgment is affirmed.