THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DIANA FLINN DEFENDANT APPELLANT (2018)

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, inter alia, vehicular assault in the first degree (Penal Law § 120.04[4] ).  We reject defendant's contention that her waiver of the right to appeal is invalid.  Contrary to defendant's contention, Supreme Court “ ‘did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea’ “ (People v. Mills, 151 AD3d 1744, 1745 [4th Dept 2017], lv denied 29 NY3d 1131 [2017] ), and “the court engaged defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (id. [internal quotation marks omitted] ).  Defendant's valid waiver of the right to appeal encompasses her contention that the sentence imposed is unduly harsh and severe (see People v. Lopez, 6 NY3d 248, 255 [2006];  People v. Hidalgo, 91 N.Y.2d 733, 737 [1998];  cf.  People v. Maracle, 19 NY3d 925, 928 [2012] ).

Mark W. Bennett

Clerk of the Court