THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. PATIQUE DONERLSON DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PATIQUE DONERLSON, DEFENDANT–APPELLANT.

KA 14–01249

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND SCUDDER, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (KIMBERLY F. DUGUAY OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN 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 two counts of criminal possession of a forged instrument in the second degree (Penal Law § 170.25[1] )).  Contrary to the contention of defendant, the record establishes that she knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 NY3d 248, 256), and that valid waiver constitutes a general unrestricted waiver that forecloses any challenge by her to the severity of the sentence (see id. at 255–266;  People v. Hidalgo, 91 N.Y.2d 733, 737;  cf.  People v. Maracle, 19 NY3d 925, 928).  To the extent that defendant contends that the “written waiver of [the right to] appeal is unenforceable because it contained certain nonwaivable rights[, a]ny nonwaivable [rights] purportedly encompassed by the waiver are excluded from the scope of the waiver [and] the remainder of the waiver is valid and enforceable” (People v. Williams, 132 AD3d 1291, 1291, lv denied 26 NY3d 1151 [internal quotation marks omitted];  see People v. Gibson, 147 AD3d 1507, 1508;  People v. Mead, 133 AD3d 1257, 1258).

Frances E. Cafarell

Clerk of the Court