HARTMAN-MCMURRAY, NICOLE, PEOPLE v ( 2013 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    459
    KA 12-00214
    PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    NICOLE HARTMAN-MCMURRAY, DEFENDANT-APPELLANT.
    NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (GREGORY A. KILBURN OF
    COUNSEL), FOR DEFENDANT-APPELLANT.
    DONALD G. O’GEEN, DISTRICT ATTORNEY, WARSAW (MARSHALL A. KELLY OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Wyoming County Court (Michael F.
    Griffith, J.), rendered October 4, 2011. The judgment convicted
    defendant, upon her plea of guilty, of aggravated driving while
    intoxicated.
    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 felony aggravated driving while intoxicated
    (Vehicle and Traffic Law §§ 1192 [2], [2-a] [b]; 1193 [1] [c] [i]
    [B]). The record establishes that defendant knowingly, voluntarily
    and intelligently waived the right to appeal (see generally People v
    Lopez, 6 NY3d 248, 256), and that valid waiver forecloses any
    challenge by defendant to the severity of the sentence (see id. at
    255; see generally People v Lococo, 92 NY2d 825, 827; People v
    Hidalgo, 91 NY2d 733, 737).
    Entered:    April 26, 2013                         Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 12-00214

Filed Date: 4/26/2013

Precedential Status: Precedential

Modified Date: 10/8/2016