| People v Moore |
| 2015 NY Slip Op 09529 [134 AD3d 1463] |
| December 23, 2015 |
| 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 Sherrell L. Moore, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of counsel), for defendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Lowry of counsel), for respondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered November 18, 2013. The judgment convicted defendant, upon her plea of guilty, of robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her upon her plea of guilty of
robbery in the first degree (Penal Law § 160.15 [4]), defendant contends
that her concededly valid waiver of the right to appeal does not encompass her challenge
to the severity of the sentence because County Court failed to abide by the sentencing
provisions of the plea agreement. The record does not support defendant's contention that
the court did not comply with the sentencing provisions of the plea agreement. During
the plea colloquy, the court promised to impose a determinate sentence between 5 and 15
years should defendant comply with certain conditions of the plea, including cooperating
in the prosecution of the codefendants. Defendant fulfilled the conditions, and the court
sentenced defendant to a determinate term of incarceration of 9