PEOPLE v. NORTHRUP (2005)

Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [9] ) and endangering the welfare of a child (§ 260.10[1] ).   The valid waiver by defendant of the right to appeal encompasses her challenge to the factual sufficiency of the plea allocution (see People v. King, 20 A.D.3d 907, 798 N.Y.S.2d 638;  People v. DeJesus, 248 A.D.2d 1023, 670 N.Y.S.2d 140, lv. denied 92 N.Y.2d 878, 678 N.Y.S.2d 26, 700 N.E.2d 564).   The waiver of the right to appeal also applies to defendant's contention concerning the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46), and, in any event, that contention lacks merit.   Where, as here, defendant “effects a plea bargain and receives the precise sentence that was promised, [s]he should not later be heard to complain that [s]he received what [s]he bargained for” (People v. Chambers, 123 A.D.2d 270, 270, 506 N.Y.S.2d 173;  see People v. McCullers, 40 A.D.2d 796, 797, 338 N.Y.S.2d 63, affd. 33 N.Y.2d 806, 350 N.Y.S.2d 904, 305 N.E.2d 914).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: