Opinion
08-24-2016
The PEOPLE, etc., respondent, v. Mark P. BERNARDINI, appellant.
Mark Diamond, New York, NY, for appellant. James A. McCarty, Acting District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Mark Diamond, New York, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered February 19, 2014, convicting him of criminal sexual act in the first degree and forcible touching, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ).
The defendant contends that his plea was not knowingly, voluntarily, and intelligently entered because the Supreme Court did not adequately inform him of the consequences of his plea on a determination pursuant to the Sex Offender Registration Act (see Correction Law article 6–C). Although this contention survives his 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 ), it is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise this issue before the Supreme Court (see People v. Murray, 15 N.Y.3d 725, 726–727, 906 N.Y.S.2d 521, 932 N.E.2d 877 ; People v. Holcombe, 116 A.D.3d 1063, 1064, 983 N.Y.S.2d 875 ; People v. Beckers, 94 A.D.3d 774, 775, 941 N.Y.S.2d 515 ). We decline to review this issue in the exercise of our interest of justice jurisdiction.
The defendant's contentions concerning two orders of protection issued at the time of sentencing survive his valid waiver of the right to appeal (see People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ; People v. Cedeno, 107 A.D.3d 734, 734, 965 N.Y.S.2d 887 ). However, the defendant's contentions are unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. O'Connor, 136 A.D.3d 945, 945, 24 N.Y.S.3d 918 ; People v. Fortier, 130 A.D.3d 642, 643, 12 N.Y.S.3d 283 ), and we decline to review them in the exercise of our interest of justice jurisdiction.
Contrary to the defendant's contention, the record shows that he was afforded the effective assistance of counsel (see Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 ; People v. Caban, 5 N.Y.3d 143, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
BALKIN, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.