State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: September 18, 2014 105997
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
EMMA J. MAXWELL,
Appellant.
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Calendar Date: August 4, 2014
Before: Peters, P.J., Lahtinen, Rose, Egan Jr. and Devine, JJ.
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Rachel Rappazzo, Schenectady, for appellant.
James Sacket, District Attorney, Schoharie (Michael L.
Breen of counsel), for respondent.
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Appeal from a judgment of the County Court of Schoharie
County (Bartlett III, J.), rendered April 17, 2013, convicting
defendant upon her plea of guilty of the crime of grand larceny
in the second degree.
Defendant pleaded guilty to grand larceny in the second
degree and waived her right to appeal. County Court thereafter
sentenced her to 1b to 5 years in prison. Defendant now
appeals.
Defendant's sole contention on appeal is that her sentence
is harsh and excessive. This argument is foreclosed, however, by
her valid waiver of the right to appeal her conviction and
sentence, which she has not challenged (see People v Maughan, 112
AD3d 1233, 1233 [2013]; People v Ball, 108 AD3d 871, 872 [2013]).
Accordingly, we affirm the judgment of conviction.
-2- 105997
Peters, P.J., Lahtinen, Rose, Egan Jr. and Devine, JJ.,
concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court