Opinion
2013-04-25
The PEOPLE of the State of New York, Respondent, v. Reginald K. WATSON, Also Known as Reggie, Appellant.
John J. Goodman Jr., Greenwich, for appellant. Kevin C. Kortright, Fort Edward (Katherine G. Henley of counsel), for respondent.
John J. Goodman Jr., Greenwich, for appellant. Kevin C. Kortright, Fort Edward (Katherine G. Henley of counsel), for respondent.
Before: LAHTINEN, J.P., STEIN, SPAIN and GARRY, JJ.
SPAIN, J.
Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered April 1, 2011, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
Defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree in satisfaction of a 12–count indictment, and further waived his right to appeal orally and in a written document executed in open court. In accordance with the plea agreement, he was sentenced as a second felony offender to eight years in prison, to be followed by three years of postrelease supervision. Defendant now appeals.
We affirm. Defendant contends that he received the ineffective assistance of counsel, which he is permitted to raise by the terms of his valid appeal waiver. The record does not reflect that defendant moved to withdraw his plea or vacate the judgment of conviction, however, and his claim is accordingly not preserved for our review ( see People v. Williams, 101 A.D.3d 1174, 1174, 959 N.Y.S.2d 551 [2012];People v. Haskins, 86 A.D.3d 794, 796, 928 N.Y.S.2d 374 [2011],lv. denied17 N.Y.3d 903, 933 N.Y.S.2d 658, 957 N.E.2d 1162 [2011] ). Within that context, defendant also asserts that a local criminal court that handled a related felony complaint lacked jurisdiction over him but, to the extent that issue survived his guilty plea and appeal waiver, any defects were rendered academic by an indictment having subsequently been handed up against him, which “superceded all prior proceedings” ( People ex rel. Van Steenburg v. Wasser, 69 A.D.3d 1135, 1136, 893 N.Y.S.2d 379 [2010],lv. dismissed and denied14 N.Y.3d 883, 903 N.Y.S.2d 338, 929 N.E.2d 401 [2010];see People ex rel. Rosado v. Napoli, 83 A.D.3d 1347, 1347, 920 N.Y.S.2d 922 [2011],lv. denied17 N.Y.3d 710, 930 N.Y.S.2d 555, 954 N.E.2d 1181 [2011];People v. Hart, 25 A.D.3d 815, 816, 807 N.Y.S.2d 681 [2006],lv. denied6 N.Y.3d 834, 814 N.Y.S.2d 82, 847 N.E.2d 379 [2006] ).
ORDERED that the judgment is affirmed.