Opinion
2003-02919.
Decided May 10, 2004.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered March 4, 2003, convicting her of assault in the second degree, upon her plea of guilty, and imposing sentence.
Philip H. Schnabel, Chester, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly determined, after a hearing, that she violated certain conditions of her plea agreement ( see generally People v. Outley, 80 N.Y.2d 702, cert denied sub nom Maietta v. Artuz, 519 U.S. 964).
Contrary to the People's contention, the defendant did not effectively waive her right to appeal her sentence ( see People v. Boustani, 300 A.D.2d 313; People v. Dongo, 244 A.D.2d 353). However, the sentence imposed was not excessive ( see People v. Fields, 197 A.D.2d 633; People v. Suitte, 90 A.D.2d 80).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.