| People v Brand |
| 2019 NY Slip Op 09213 [178 AD3d 1460] |
| December 20, 2019 |
| 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 Patricia Brand, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered October 12, 2017. The judgment convicted defendant upon a plea of guilty of assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon a plea of guilty of assault in the second degree (Penal Law § 120.05 [3]). Contrary to her contention, she knowingly, intelligently, and voluntarily waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). The record of the plea proceeding establishes that County Court engaged her in "an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v Steinbrecher, 169 AD3d 1462, 1463 [4th Dept 2019], lv denied 33 NY3d 1108 [2019] [internal quotation marks omitted]). Defendant's valid waiver of the right to appeal encompasses her challenge to the severity of her sentence (see Lopez, 6 NY3d at 255-256). Present—Smith, J.P., NeMoyer, Troutman and Bannister, JJ.