Opinion
2019–13193 Ind. No. 952/18
11-09-2022
The PEOPLE, etc., respondent, v. Noel SMITH, appellant.
Steven A. Feldman, Manhasset, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.
Steven A. Feldman, Manhasset, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.
BETSY BARROS, J.P., CHERYL E. CHAMBERS, JOSEPH A. ZAYAS, HELEN VOUTSINAS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered September 12, 2019, convicting him of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court's involvement in eliciting from the defendant a purported waiver of his right to appeal did not affect the knowing, voluntary, and intelligent nature of his plea of guilty (see People v. Valentin, 175 A.D.3d 1569, 106 N.Y.S.3d 898 ; see also People v. Yancey, 204 A.D.3d 1044, 165 N.Y.S.3d 359 ; People v. Small, 203 A.D.3d 756, 160 N.Y.S.3d 651 ). The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BARROS, J.P., CHAMBERS, ZAYAS and VOUTSINAS, JJ., concur.