Opinion
2018–07720 2018–07721 Ind. No. 443/17, 929/17
06-19-2019
The PEOPLE, etc., Respondent, v. Reinardo ADAMES, also known as Tito, Appellant.
Matthew Muraskin, Port Jefferson, NY, for appellant. Madeline Singas, Mineola, N.Y. (Kevin C. King and Jared A. Chester of counsel), for respondent.
Matthew Muraskin, Port Jefferson, NY, for appellant.
Madeline Singas, Mineola, N.Y. (Kevin C. King and Jared A. Chester of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Nassau County (Robert A. Schwartz, J.), both rendered August 17, 2017, convicting him of attempted operating as a major trafficker under Indictment No. 443/17, and criminal possession of a controlled substance in the second degree under Indictment No. 929/17, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's contention that his pleas of guilty were not knowing, voluntary, and intelligent is unpreserved for appellate review, as the defendant did not move to withdraw his pleas or otherwise raise this issue before the Supreme Court (see People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the record demonstrates that the defendant's pleas were entered knowingly, voluntarily, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Harris, 61 N.Y.2d 9, 16–17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ).
Since the only substantive argument raised on the defendant's appeals concerns the voluntariness of his pleas, which claim survives a valid waiver of the right to appeal (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ), we need not reach the People's contention regarding the validity of the defendant's appeal waiver (see People v. Henriquez, 168 A.D.3d 876, 89 N.Y.S.3d 912 ; People v. Bernard, 155 A.D.3d 1059, 65 N.Y.S.3d 457 ).
CHAMBERS, J.P., MILLER, LASALLE and CHRISTOPHER, JJ., concur.