State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: September 17, 2015 106131
________________________________
THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
AMY BEBLOWSKI,
Appellant.
________________________________
Calendar Date: August 10, 2015
Before: McCarthy, J.P., Garry, Rose and Lynch, JJ.
__________
Timothy S. Brennan, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H.
Willis of counsel), for respondent.
__________
Appeal from a judgment of the County Court of Schenectady
County (Drago, J.), rendered March 4, 2013, convicting defendant
upon her plea of guilty of the crime of burglary in the second
degree (two counts).
In satisfaction of a multi-count indictment, defendant
pleaded guilty to two counts of burglary in the second degree and
waived her right to appeal. She was sentenced to concurrent
prison terms of eight years, followed by 3½ years of postrelease
supervision. Defendant appeals.
A review of the plea colloquy and counseled written waiver
of the right to appeal executed by defendant and defense counsel
in open court demonstrate that defendant knowingly, voluntarily
and intelligently waived her right to appeal (see People v
Merrill, 123 AD3d 1339, 1339 [2014]; People v Dyckman, 114 AD3d
-2- 106131
994, 995 [2014], lv denied 23 NY3d 1036 [2014]). Given the valid
waiver of appeal, defendant's contention that the agreed-upon
prison sentence is harsh and excessive is foreclosed (see People
v Bryant, 128 AD3d 1223, 1224 [2015]; People v Burritt, 127 AD3d
1433, 1434 [2015]).
McCarthy, J.P., Garry, Rose and Lynch, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court