PEOPLE v. GRAMZA (2016)

In appeal No. 1, defendant appeals from a judgment convicting her upon her plea of guilty of grand larceny in the second degree (Penal Law § 155.40 [1] ) and falsifying business records in the first degree (§ 175.10). Contrary to defendant's contention, the record establishes that she knowingly, voluntarily, and intelligently waived the right to appeal (see generally People v. Lopez, 6 NY3d 248, 256; People v. Frank, 258 A.D.2d 900, 900–901, lv denied 93 N.Y.2d 924), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see Lopez, 6 NY3d at 255; see generally People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737).

In appeal No. 2, defendant appeals from a judgment convicting her upon her plea of guilty of offering a false instrument for filing in the first degree (Penal Law former § 175.35). We agree with defendant that her waiver of the right to appeal was invalid inasmuch as she pleaded guilty to the sole count in the superior court information without receiving a sentencing commitment or any other consideration (see People v. Collins, 129 AD3d 1676, 1676, lv denied 26 NY3d 1038; cf. Frank, 258 A.D.2d at 900–901), but we nevertheless reject her challenge to the severity of the sentence.

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

MEMORANDUM: