People v Tandle
2025 NY Slip Op 02690 [238 AD3d 1503]
May 2, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 9, 2025


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

Andrew D. Correia, Public Defender, Lyons (James Eckert of counsel), for defendant-appellant.

Letitia James, Attorney General, Albany (Daniel Hughes of counsel), for respondent.


HEADNOTES


Crimes - Appeal - Valid Waiver

Appeal from a judgment of the Wayne County Court (Richard M. Healy, J.), rendered January 10, 2024. The judgment convicted defendant, upon her plea of guilty, of criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her, upon a guilty plea, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]).

Contrary to defendant's contention, the record establishes that she knowingly, voluntarily, and intelligently waived her right to appeal (see People v Williams, 228 AD3d 1316, 1316 [4th Dept 2024], lv denied 42 NY3d 972 [2024], denied reconsideration 42 NY3d 1055 [2024]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Lopez, 6 NY3d 248, 256 [2006]). County Court's oral colloquy did not, as asserted by defendant, mischaracterize the waiver of the right to appeal as "an absolute bar to the taking of a first-tier direct appeal" (Thomas, 34 NY3d at 558; see People v Figueroa, 230 AD3d 1581, 1582 [4th Dept 2024], lv denied 42 NY3d 1079 [2025]). To the extent that defendant contends that the written waiver form she executed was defective, the oral colloquy, which followed the appropriate model colloquy, "cured that [alleged] defect" (People v Hoose, 236 AD3d 1294, 1295 [4th Dept 2025] [internal quotation marks omitted]).

Defendant's valid waiver of the right to appeal precludes our review of her challenge to the severity of the sentence (see Lopez, 6 NY3d at 255-256; People v Foumakoye, 229 AD3d 1380, 1380 [4th Dept 2024], lv denied 42 NY3d 970 [2024]). Present—Lindley, J.P., Montour, Ogden, Greenwood and Keane, JJ.