Opinion
2018-01837 Ind. No. 86/17
07-03-2019
The PEOPLE, etc., Respondent, v. Jermell I. MCLEAN, Appellant.
Carol Kahn, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
Although the defendant's challenges to the voluntariness of his plea of guilty survive the defendant's 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. Kovalsky, 166 A.D.3d 900, 85 N.Y.S.3d 889 ; People v. Miller, 166 A.D.3d 812, 88 N.Y.S.3d 199 ), those contentions are unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise those contentions before the County Court (see CPL 470.05[2] ; People v. Kovalsky, 166 A.D.3d at 901, 85 N.Y.S.3d 889 ; People v. Miller, 166 A.D.3d at 813, 88 N.Y.S.3d 199 ; People v. McClenic, 155 A.D.3d 1064, 64 N.Y.S.3d 554 ). In any event, those contentions are without merit (see People v. Nixon, 21 N.Y.2d 338, 356, 287 N.Y.S.2d 659, 234 N.E.2d 687 ; People v. Booker, 280 A.D.2d 785, 785–786, 719 N.Y.S.2d 908 ).
SCHEINKMAN, P.J., RIVERA, COHEN and HINDS–RADIX, JJ., concur.