Opinion
04-24-2024
The PEOPLE, etc., respondent, v. Robert RUIZ, appellant.
Margaret M. Walker, Poughkeepsie, NY (Robert K. Young of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Amie M. Johnson of counsel), for respondent.
Margaret M. Walker, Poughkeepsie, NY (Robert K. Young of counsel), for appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Amie M. Johnson of counsel), for respondent.
COLLEEN D. DUFFY, LINDA CHRISTOPHER, J.P, LILLIAN WAN, LAURENCE L. LOVE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered November 10, 2021, convicting him of aggravated family offense (three counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant’s contention, under the circumstances of this case, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Stevens, 203 A.D.3d 958, 959, 163 N.Y.S.3d 615; People v. D’Amico, 194 A.D.3d 742, 143 N.Y.S.3d 564).
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. Janagal, 223 A.D.3d 915, 916, 202 N.Y.S.3d 460), it is unpreserved for appellate review 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. Potik, 223 A.D.3d 916, 917, 202 N.Y.S.3d 463). In any event, the record demonstrates that the defendant’s plea was knowingly, voluntarily, and intelligently entered (see id.; People v. McDonnell, 214 A.D.3d 826, 827, 183 N.Y.S.3d 756).
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 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Mason, 183 A.D.3d 639, 639, 121 N.Y.S.3d 633).
DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.