Opinion
2015–12164 Ind. No. 14–01331
02-06-2019
The PEOPLE, etc., Respondent, v. Jarrell STRONGMINTON, Also Known as Jarrell Strong–Minton, Also Known as Jarrell Strong Minton, Appellant.
Leonard J. Levenson, New York, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel; Sara M. Moriarty on the brief), for respondent.
Leonard J. Levenson, New York, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel; Sara M. Moriarty on the brief), for respondent.
REINALDO E. RIVERA, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Ann E. Minihan, J.), rendered October 20, 2015, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant's argument involving his plea of guilty is not barred by his valid waiver of his right to appeal. A contention that a plea of guilty was not knowing, voluntary, and intelligent survives a valid waiver of the right to appeal (see generally People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Bryant, 159 A.D.3d 715, 716, 69 N.Y.S.3d 496 ).
The defendant's contention is, however, unpreserved for appellate review, since he failed to move to withdraw the plea before sentencing (see People v. McClenic, 155 A.D.3d 1064, 64 N.Y.S.3d 554 ). In any event, the plea was knowingly, voluntarily, and intelligently entered (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ).
RIVERA, J.P., ROMAN, COHEN and HINDS–RADIX, JJ., concur.