Opinion
2015-06-03
The PEOPLE, etc., respondent, v. Enley BALL, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. Madeline Singas, Acting District Attorney, Mineola, N.Y. (Kevin C. King and Annette M. Lalic of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant. Madeline Singas, Acting District Attorney, Mineola, N.Y. (Kevin C. King and Annette M. Lalic of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered February 19, 2014, 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 defendant's contention, his plea of guilty 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). The defendant's contentions that he did not have sufficient time to confer with his attorney, and that he did not understand the sentence he would receive as part of the plea bargain, were contradictedby the thorough plea colloquy ( see People v. Krasso, 72 A.D.3d 554, 898 N.Y.S.2d 843; People v. Wiedmer, 71 A.D.3d 1067, 896 N.Y.S.2d 686).
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Contreras, 123 A.D.3d 1139, 997 N.Y.S.2d 632; People v. Brown, 122 A.D.3d 133, 144–145, 992 N.Y.S.2d 297).