Opinion
No. 2021-06951 Ind. No. 136/19
01-31-2024
The People of the State of New York, respondent, v. Keith M. Potik, appellant.
Rosenberg Law Firm, Brooklyn, NY (Jonathan Rosenberg of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Rosenberg Law Firm, Brooklyn, NY (Jonathan Rosenberg of counsel), for appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
COLLEEN D. DUFFY, J.P. PAUL WOOTEN LARA J. GENOVESI HELEN VOUTSINAS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered August 20, 2021, convicting him of attempted murder in the second degree (two counts) and criminal possession of a weapon in the second degree (two counts), upon his plea of guilty, and imposing sentence.
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 Thomas, 34 N.Y.3d 545, 563-567; People v Lopez, 6 N.Y.3d 248, 257; People v Augustine, 208 A.D.3d 678). The defendant's 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; People v Tissiera, 211 A.D.3d 1045, 1046).
The defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, or intelligent, since he did not move to withdraw his plea on this ground prior to the imposition of sentence or otherwise raise the issue before the County Court (see People v Tissiera, 211 A.D.3d at 1045; People v Garner, 198 A.D.3d 813, 814). In any event, the record demonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v McDonnell, 214 A.D.3d 826, 827; People v Tissiera, 211 A.D.3d at 1045).
DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.