Opinion
14396.
Decided and Entered June 24, 2004.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered June 14, 2002, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.
Paul R. Maher, Clifton Park, for appellant.
Paul A. Clyne, District Attorney, Albany (William J. Conboy III of counsel), for respondent.
Before: Cardona, P.J., Mercure, Crew III, Carpinello and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to attempted robbery in the second degree in full satisfaction of an indictment charging him with robbery in the second degree and two counts of burglary in the second degree. As part of such plea, defendant waived his right to appeal. Thereafter, he was sentenced in accordance with the plea agreement to a prison term of six years, to be followed by a five-year period of postrelease supervision. Defendant now appeals.
Initially, while not precluded by his waiver of the right to appeal, defendant's challenge to the voluntariness of his plea is not preserved for our review inasmuch as he failed to make a motion to withdraw the plea or to vacate the judgment of conviction (see People v. Ward, 2 A.D.3d 1219; People v. De Berardinis, 304 A.D.2d 914, 915, lv denied 100 N.Y.2d 580). Nevertheless, if we were to consider defendant's claim, we would find it to be without merit. The plea minutes disclose that County Court adequately apprised defendant of the ramifications of pleading guilty, including the rights that he would be relinquishing thereby. Defendant advised the court that he had discussed the matter with his attorney, with whom he was satisfied, and understood the consequences of the plea. He further stated that he was not coerced or threatened to enter the plea. Under these circumstances, we find that the plea was knowing, voluntary and intelligent (see People v. Anderson, 304 A.D.2d 975, 976, lv denied 100 N.Y.2d 578; People v. King, 299 A.D.2d 661, 662, lv denied 99 N.Y.2d 583).
To the extent that defendant's claim of ineffective assistance of counsel impacts the voluntariness of the plea, it is not encompassed by his waiver of the right to appeal but is nevertheless unpreserved due to defendant's failure to move to withdraw the plea or vacate the judgment of conviction (see People v. De Berardinis, supra at 915; People v. Camp, 302 A.D.2d 629, 630, lv denied 100 N.Y.2d 593). Again, if we were to consider his claim in the interest of justice (see People v. Washington, 3 A.D.3d 741, 742, lv denied 2 N.Y.3d 747), we would find it to be unavailing.
Cardona, P.J., Mercure, Carpinello and Kane, JJ., concur.
ORDERED that the judgment is affirmed.