People v Burtman
2019 NY Slip Op 03223 [171 AD3d 1518]
April 26, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2019


[*1]
 The People of the State of New York, Respondent,
v
Cheri Burtman, Appellant.

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

Lori Pettit Rieman, District Attorney, Little Valley (Amber L. Kerling of counsel), for respondent.

Appeal from a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.), rendered April 3, 2017. The judgment convicted defendant, upon her plea of guilty, of attempted criminal sale of a controlled substance in the fourth 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 fourth degree (Penal Law §§ 110.00, 220.34 [1]). Contrary to defendant's contention, the record establishes that she knowingly, voluntarily, and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Whalen, P.J., Smith, Carni, Curran and Troutman, JJ.