People v Revette |
2013 NY Slip Op 00526 [102 AD3d 1065] |
January 31, 2013 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Holly A. Revette, Appellant. |
—[*1]
Mark D. Suben, District Attorney, Cortland (Christine M.R. Ferraro of counsel), for
respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered September 25, 2009, convicting defendant upon her plea of guilty of the crimes of arson in the third degree and burglary in the third degree.
Defendant previously was convicted of arson in the third degree (two counts) and
burglary in the third degree (two counts) after she twice set fire to a residence being
constructed by her former paramour. Upon appeal, this Court reversed and dismissed the
indictment due to a defect in the grand jury proceedings (48 AD3d 886 [2008]).
Defendant was reindicted for the same crimes and, in full satisfaction of that indictment,
thereafter pleaded guilty to one count of arson in the third degree and one count of
burglary in the third degree and waived her right to appeal. County Court sentenced
defendant to the agreed-upon aggregate prison term of 2
We affirm. The record reflects that defendant executed a written waiver of the right
to appeal, and County Court adequately explained the nature of the rights forfeited
thereby. Accordingly, defendant's challenge to the validity of such waiver—raised
for the first time in her reply brief—is meritless (see People v Carbone,
101 AD3d 1232, 1233 [2012]). Although defendant's challenge to the voluntariness of
her plea survives her appeal waiver, the record does not reflect that defendant moved to
withdraw her plea or vacate the [*2]judgment of
conviction; hence, this issue is unpreserved for our review (see People v Empey, 73 AD3d
1387, 1388 [2010], lv denied 15 NY3d 804 [2010]). The narrow exception
to the preservation requirement is not implicated here, as nothing in the record casts
doubt upon defendant's guilt or otherwise calls into question the voluntariness of her plea
(see People v Abrams, 75
AD3d 927, 928 [2010]; People v Empey, 73 AD3d at 1388). In any event,
defendant's present claim—that she pleaded guilty because she thought she would
be sentenced to a prison term of 1
Mercure, J.P., Spain and McCarthy, JJ., concur. Ordered that the judgment is affirmed.