PEOPLE v. JACKSON (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Broome County (Carol Cocchiola, J.), rendered December 1, 2023, convicting defendant upon her plea of guilty of the crime of grand larceny in the third degree.

Defendant pleaded guilty to grand larceny in the third degree in satisfaction of a two-count indictment and an uncharged felony for similar conduct and agreed to waive her right to appeal.  Pursuant to the terms of the plea agreement, County Court sentenced defendant, as a second felony offender, to a prison term of 31/212 to 7 years.  This appeal ensued.

We are unpersuaded by defendant's contention that the waiver of her right to appeal is invalid.  Defendant was aware that a condition of the plea agreement was waiving her right to appeal, and during the plea colloquy County Court advised defendant of the separate and distinct nature of the appeal waiver from those rights forfeited by the guilty plea.  County Court explained that, although most claims of error are waived, certain rights – some of which the court specified – were retained.  Defendant acknowledged that she had conferred with counsel and understood the nature of the appeal waiver.  In addition, the written appeal waiver executed by defendant in open court – although containing some overbroad language – reaffirmed the court's explanation of the nature and consequences of the waiver of the right to appeal and that certain appellate rights survived.  Upon our review, we are satisfied that the record reflects that defendant's waiver of her right to appeal was knowing, voluntary and intelligent (see People v. Sheehan, 242 A.D.3d 1260, 1261, 240 N.Y.S.3d 307 [3d Dept. 2025];  People v. Lewis, 234 A.D.3d 1209, 1209–1210, 225 N.Y.S.3d 779 [3d Dept. 2025], lv denied 43 N.Y.3d 1009, 234 N.Y.S.3d 818, 261 N.E.3d 953 [2025];  People v. Morse, 230 A.D.3d 1471, 1472, 218 N.Y.S.3d 850 [3d Dept. 2024]).  The valid appeal waiver therefore precludes defendant's challenge to the severity of the sentence imposed (see People v. Rowe, 239 A.D.3d 1202, 1202, 234 N.Y.S.3d 856 [3d Dept. 2025], lv denied 44 N.Y.3d 984, 241 N.Y.S.3d 152, 267 N.E.3d 1221 [2025];  People v. Peters, 238 A.D.3d 1391, 1392–1393, 234 N.Y.S.3d 846 [3d Dept. 2025]).

ORDERED that the judgment is affirmed.

Pritzker, J.P., Reynolds Fitzgerald, Fisher, McShan and Corcoran, JJ., concur.