Opinion
2021–03737 Ind. No. 68/20
11-16-2022
The PEOPLE, etc., respondent, v. Maceo B. LEWIS, appellant.
Carol Kahn, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered May 7, 2021, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 254, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
Although the defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent survives his valid waiver of the right to appeal (see People v. Cardona, 177 A.D.3d 647, 648, 109 N.Y.S.3d 879 ), the defendant failed to preserve that contention for appellate review, since he did not move to withdraw his plea or otherwise raise this issue before the County Court (see People v. Berry, 206 A.D.3d 755, 755, 167 N.Y.S.3d 840 ; People v. Lopez, 199 A.D.3d 704, 704, 153 N.Y.S.3d 877 ). In any event, the record demonstrates that the defendant's plea was knowing, voluntary, and intelligent (see People v. Guevara–Lopez, 189 A.D.3d 881, 882, 133 N.Y.S.3d 444 ; People v. Paulin, 181 A.D.3d 824, 825, 118 N.Y.S.3d 415 ; People v. Jackson, 114 A.D.3d 807, 808, 979 N.Y.S.2d 704 ).
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Batista, 167 A.D.3d 69, 86 N.Y.S.3d 492 ).
The defendant's remaining contention based on matter dehors the record is not properly before this Court.
DILLON, J.P., MILLER, CHRISTOPHER and WARHIT, JJ., concur.