Opinion
11-18-2015
The PEOPLE, etc., respondent, v. Jose YANEZ–MEJIA, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. Madeline Singas, Acting District Attorney, Mineola, N.Y. (Judith R. Sternberg and Jason R. Richards of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Judith R. Sternberg and Jason R. Richards of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 30, 2012, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntarily entered survives a valid waiver of the right to appeal (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Lujan, 114 A.D.3d 963, 964, 980 N.Y.S.2d 815), the defendant's contention that his plea was not voluntarily entered is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the Supreme Court (see People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Statini, 117 A.D.3d 1089, 1089, 986 N.Y.S.2d 624). In any event, the record of the plea proceedings fully demonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered and not the result of coercion (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Bennett, 122 A.D.3d 871, 872, 996 N.Y.S.2d 369; People v. Ross, 113 A.D.3d 877, 878, 979 N.Y.S.2d 160; People v. Howard, 109 A.D.3d 487, 488, 970 N.Y.S.2d 86).
MASTRO, J.P., AUSTIN, MALTESE and BARROS, JJ., concur.