Opinion
2000-07364
Submitted January 15, 2002.
February 14, 2002.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered May 22, 2000, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Salvatore C. Adamo, New York, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
ORDERED that the judgment is affirmed.
The record does not demonstrate that the defendant sought to withdraw his plea of guilty before he was sentenced so as to preserve his claim that his plea was not intelligently, voluntarily, and knowingly made (see, People v. Lopez, 71 N.Y.2d 662; People v. Nieves, 289 A.D.2d 342 [2d Dept., Dec. 10, 2001]). Further, the defendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of his claim that his sentence is excessive (see, People v. Headley, 289 A.D.2d 341 [2d Dept., Dec. 10, 2001]; People v. Hidalgo, 91 N.Y.2d 733).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
SANTUCCI, J.P., FEUERSTEIN, GOLDSTEIN and SCHMIDT, JJ., concur.