Opinion
03-23-2016
The PEOPLE, etc., respondent, v. John J. HARVEY, appellant.
Matthew Muraskin, Port Jefferson, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Matthew Muraskin, Port Jefferson, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Efman, J.), rendered September 15, 2014, convicting him of robbery in the third degree (two counts) under Indictment No. 572–14, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered September 15, 2014, convicting him of attempted criminal sale of a controlled substance in the third degree under Superior Court Information No. 1334–14, upon his plea of guilty, and imposing sentence.
ORDERED that the judgments are affirmed.
On appeal, the defendant contends that his waiver of the right to appeal was invalid and that his plea of guilty was not knowingly, voluntarily, and intelligently entered. As the defendant's challenge to the voluntariness of his plea of guilty survives even 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 ; People v. Innocent, 132 A.D.3d 696, 696, 17 N.Y.S.3d 505 ; People v. Borges, 103 A.D.3d 747, 748, 959 N.Y.S.2d 533 ), we need not determine whether the defendant's waiver of the right to appeal was invalid. The defendant's contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review (see People v. Conceicao, 26 N.Y.3d 375, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. McCollough, 135 A.D.3d 490, 22 N.Y.S.3d 444 ), and we decline to review it in the exercise of our interest of justice jurisdiction.
DILLON, J.P., CHAMBERS, DICKERSON and BARROS, JJ., concur.