People v Soble
2019 NY Slip Op 06911 [175 AD3d 1810]
September 27, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2019


[*1]
 The People of the State of New York, Respondent,
v
Jessica R. Soble, Appellant.

Kimberly J. Czapranski, Scottsville, for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Christopher S. Ciaccio, J.), rendered January 11, 2017. The judgment convicted defendant, upon her plea of guilty, of manslaughter 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 manslaughter in the first degree (Penal Law § 125.20 [1]), defendant contends that the sentence is unduly harsh and severe. The record, however, establishes that defendant validly waived her right to appeal (see generally People v Lopez, 6 NY3d 248, 255-256 [2006]), and that valid waiver of the right to appeal forecloses her challenge to the severity of the sentence (see id. at 255). Present—Centra, J.P., Peradotto, Carni, Troutman and Winslow, JJ.