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People v. Fatico

Supreme Court of New York, Fourth Department

July 19, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
TEARA FATICO, DEFENDANT-APPELLANT.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered February 2, 2012. The judgment convicted defendant, upon her plea of guilty, of attempted burglary in the first degree.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her, upon her plea of guilty, of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [2]), defendant contends that her waiver of the right to appeal is unenforceable and that her sentence is unduly harsh and severe. Contrary to defendant's contention, County Court, during the plea colloquy, did not conflate the waiver of the right to appeal with those rights automatically forfeited by the plea (see People v Richards, 93 A.D.3d 1240, 1240, lv denied 20 N.Y.3d 1014), and we conclude that her waiver of the right to appeal was otherwise knowingly, voluntarily, and intelligently entered (see People v Lopez, 6 N.Y.3d 248, 256; People v Pratt, 77 A.D.3d 1337, 1337, lv denied 15 N.Y.3d 955). Defendant's valid waiver of the right to appeal encompasses her challenge to the severity of the sentence (see Lopez, 6 N.Y.3d at 255-256; People v Strickland, 103 A.D.3d 1178, 1178).


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