The People, etc., respondent, v. Esther Hershko, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Esther Hershko, appellant.

2010–10529 (Ind.No. 1737 /09)

Decided: October 25, 2011

REINALDO E. RIVERA, J.P. ANITA R. FLORIO THOMAS A. DICKERSON PLUMMER E. LOTT, JJ.

Matthew Muraskin, Port Jefferson, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Judith R. Sternberg of counsel), for respondent.

Submitted—October 7, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered October 15, 2010, convicting her of burglary in the third degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Where a defendant knowingly, voluntarily, and intelligently waives the right to appeal as part of a bargained-for plea agreement, the waiver will be upheld by the courts (see People v. Walters, 84 AD3d 984, lv denied 17 NY3d 823; People v. Russell, 60 AD3d 706). Here, the defendant's valid waiver of her right to appeal forecloses review of the claims she seeks to raise (see People v. Walters, 84 AD3d 984; People v. Haynes, 70 AD3d 718; People v. Moore, 67 AD3d 930).

RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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