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