Opinion
2016–03091 Ind.No. 15–00259
04-24-2019
The PEOPLE, etc., Respondent, v. Jose RIBEIRO, Appellant.
Paul N. Weber, Cornwall, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (William C. Ghee of counsel), for respondent.
Paul N. Weber, Cornwall, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (William C. Ghee of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas DeRosa, J.), rendered January 29, 2016, convicting him of resisting arrest and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
To the extent that the defendant's contentions may be construed as challenging the voluntariness of his plea of guilty, they are unpreserved for appellate review, since he did not move to withdraw his plea on the asserted ground prior to the imposition of sentence (see People v. McClenic, 155 A.D.3d 1064, 64 N.Y.S.3d 554 ). In any event, the record demonstrates that the defendant's plea was knowingly, intelligently, and voluntarily entered (see People v. Holmes, 255 A.D.2d 145, 679 N.Y.S.2d 578 ).
The defendant's remaining contentions either were forfeited by his plea of guilty (see People v. Hansen, 95 N.Y.2d 227, 715 N.Y.S.2d 369, 738 N.E.2d 773 ; People v. Di Raffaele, 55 N.Y.2d 234, 448 N.Y.S.2d 448, 433 N.E.2d 513 ) or are precluded by his valid appeal waiver (see People v. Debberman, 113 A.D.3d 929, 978 N.Y.S.2d 448 ; People v. White, 81 A.D.3d 1039, 916 N.Y.S.2d 652 ).
RIVERA, J.P., CHAMBERS, COHEN and IANNACCI, JJ., concur.