PEOPLE v. GLADKOWSKI (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Wendy Ann GLADKOWSKI, Appellant.

Decided: November 24, 1997

Before BRACKEN, J.P., and PIZZUTO, ALTMAN and KRAUSMAN, JJ.

Mitchell B. Maier, Monroe, for appellant. Francis D. Phillips II, District Attorney, Goshen (Gerald D. D'Amelia, Jr., of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 4, 1996, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived her right to appeal her conviction and sentence as part of the negotiated plea of guilty (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Hayes, 229 A.D.2d 596, 646 N.Y.S.2d 355). Thus, the defendant is precluded from claiming that the sentence imposed was excessive (see, People v. Callahan, supra; People v. Hayes, supra).

The defendant's allegation that the Department of Correctional Services erred in denying her application for temporary work release may not be raised on the direct appeal from the judgment (see, People v. Fornal, 221 A.D.2d 361, 633 N.Y.S.2d 372; People v. Curtis, 143 A.D.2d 1030, 533 N.Y.S.2d 582).

MEMORANDUM BY THE COURT.

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