Opinion
10-25-2017
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of Counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of Counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of Counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of Counsel), for respondent.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, or intelligent because the County Court failed to properly advise him of all of his constitutional rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 is unpreserved for appellate review, because the defendant failed to move to vacate his plea prior to the imposition of sentence or otherwise raise the issue in the County Court, although he had ample time to do so (see CPL 470.05[2] ; People v. Williams, 27 N.Y.3d 212, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Conceicao, 26 N.Y.3d 375, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. Gavidia, 151 A.D.3d 883, 53 N.Y.S.3d 837). We decline to review this issue in the exercise of our interest of justice jurisdiction (see People v. Thomas, 148 A.D.3d 734, 47 N.Y.S.3d 715 ). Further, the defendant's valid waiver of his right to appeal precludes review of his claim that the sentence imposed was excessive (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).
DILLON, J.P., CHAMBERS, COHEN and IANNACCI, JJ., concur.