Opinion
01-21-2015
The PEOPLE, etc., respondent, v. Travis CLARKE, appellant.
Jason M. Bernheimer, P.C., Katonah, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Jason M. Bernheimer, P.C., Katonah, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Opinion Appeals by the defendant from two judgments of the Supreme Court, Westchester County (Zambelli, J.), both rendered June 11, 2013, convicting him of attempted murder in the second degree under Indictment No. 12–01104 and criminal possession of a weapon in the third degree under Indictment No. 13–00152, upon his pleas of guilty, and imposing sentences.
ORDERED that judgments are affirmed.
The defendant's contention that his pleas of guilty were not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review, since he did not move to withdraw his pleas of guilty or vacate the judgments of conviction (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Williams, 110 A.D.3d 746, 747, 972 N.Y.S.2d 94 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here, since the defendant's recitation of the facts underlying the crimes to which he pleaded guilty did not clearly cast significant doubt on his guilt, negate an essential element of the crimes, or call into question the voluntariness of the pleas (see People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Williams, 110 A.D.3d at 747, 972 N.Y.S.2d 94 ).
In addition, appellate review of the defendant's claims concerning his factual allocution at the plea proceeding and his claims concerning the denial of his suppression motion is precluded by his valid waiver of the right to appeal (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. King, 115 A.D.3d 986, 987, 982 N.Y.S.2d 178 ; People v. Budden, 77 A.D.3d 672, 908 N.Y.S.2d 362 ).
SKELOS, J.P., DILLON, MILLER and LaSALLE, JJ., concur.