Opinion
11-02-2016
The PEOPLE, etc., respondent, v. Ramel GARRAWAY, also known as PM, appellant.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered April 30, 2015, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowingly, intelligently, and voluntarily entered because at the time of the plea he was not advised that his driver license would be suspended for six months. This issue is unpreserved for appellate review since the defendant did not move to vacate his plea prior to the imposition of sentence or otherwise raise the issue at sentencing (see People v. Crowder, 24 N.Y.3d 1134, 1136, 3 N.Y.S.3d 309, 26 N.E.3d 1164 ; People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 ). In any event, contrary to the defendant's contention, the suspension of his driver license in this case was a collateral, not a direct, consequence of his plea of guilty (see People v. Ford, 86 N.Y.2d 397, 403, 633 N.Y.S.2d 270, 657 N.E.2d 265 ; People v. Trathen, 121 A.D.3d 1594, 1595, 993 N.Y.S.2d 426 ; People v. Gerald, 103 A.D.3d 1249, 1250, 959 N.Y.S.2d 362 ; People v. Goss, 286 A.D.2d 180, 182, 733 N.Y.S.2d 310 ). The court had no obligation to apprise the defendant of the collateral consequences of the plea (see People v. Peque, 22 N.Y.3d at 184, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Gravino, 14 N.Y.3d 546, 553, 902 N.Y.S.2d 851, 928 N.E.2d 1048 ; People v. Ford, 86 N.Y.2d at 403, 633 N.Y.S.2d 270, 657 N.E.2d 265 ). Accordingly, the defendant's plea was not rendered unknowing, involuntary, or unintelligent by the failure to advise him at the time of the plea of the suspension of his driver license.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
AUSTIN, J.P., COHEN, HINDS–RADIX and LaSALLE, JJ., concur.