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People v. Payton

Supreme Court of New York, Second Department

September 18, 2013

The People of the State of New York, respondent,
v.
Gilda Payton, appellant. Ind. No. 11-00154

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

MARK C. DILLON, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Alfieri, J.), rendered June 18, 2012, convicting her of criminal possession of stolen property in the fourth degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

At the plea allocution, the County Court sufficiently advised the defendant of the nature of the right to appeal, and the record establishes that the defendant knowingly, voluntarily, and intelligently waived that right. Thus, although the Rockland County pre-printed form waiver of the right to appeal signed by the defendant contained erroneous statements with regard to the waiver of the right to appeal (see People v Edmunson, A.D.3d, 2013 NY Slip Op 05699 [2d Dept 2013]), the defendant's waiver of her right to appeal was valid (see id.; People v Pelaez, 100 A.D.3d 803, 804). Accordingly, review of the defendant's contention that the sentence imposed was excessive is precluded (see People v Bradshaw, 18 N.Y.3d 257; People v Lopez, 6 N.Y.3d 248, 255).

DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.


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