THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. NEDRA JONES DEFENDANT APPELLANT (2016)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NEDRA JONES, DEFENDANT–APPELLANT.

KA 15–00099

Decided: November 10, 2016

PRESENT: WHALEN, P.J., PERADOTTO, NEMOYER, CURRAN, AND TROUTMAN, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of manslaughter in the first degree (Penal Law § 125.20[1] ). Contrary to defendant's contention, we conclude that her “valid waiver of the right to appeal with respect to both the conviction and sentence encompasses [her] contention that the sentence imposed is unduly harsh and severe” (People v. Rodman, 104 AD3d 1186, 1188, lv denied 22 NY3d 1202; cf. People v. Maracle, 19 NY3d 925, 928).

Frances E. Cafarell

Clerk of the Court

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