PEOPLE v. HERNANDEZ (2024)

Judgment, Supreme Court, Bronx County (Marsha D. Michael, J.), rendered July 18, 2022, convicting defendant, upon her plea of guilty, of murder in the second degree, and sentencing her to a term of 10 years, with 5 years’ postrelease supervision, unanimously affirmed.

Defendant made a valid waiver of her right to appeal (see generally People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of her excessive sentence claim.  The combination of the court's oral colloquy with defendant and the detailed written waiver that she signed after consultation with counsel satisfied the requirements of a valid waiver.  In any event, we perceive no basis for reducing the sentence.

Defendant's challenge to the legality of the postrelease supervision component of her sentence survives the appeal waiver (see People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989]).  Nevertheless, we reject it on the merits.  The imposition of a term of postrelease supervision pursuant to Penal Law § 70.45 is not contrary to the legislative intent behind the Domestic Violence Survivors Justice Act to provide for less severe determinate sentences for victims of domestic violence convicted of certain felonies (Penal Law § 60.12).