Opinion
No. 2022-09731 Ind. No. 339/21
01-31-2024
The People of the State of New York, respondent, v. Amerdeep Janagal, appellant.
Jonathan Rosenberg, Brooklyn, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Eric C. Washer, and Michael Tadros of counsel), for respondent.
Jonathan Rosenberg, Brooklyn, NY, for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Eric C. Washer, and Michael Tadros of counsel), for respondent.
ANGELA G. IANNACCI, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Karen Gopee, J.), rendered April 13, 2022, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545, 564; People v Sanders, 25 N.Y.3d 337, 340-341; People v Lopez, 6 N.Y.3d 248, 256).
Although the defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent survives his valid waiver of the right to appeal (see People v Morrow, 198 A.D.3d 922, 923), it is unpreserved for appellate review, as he was informed about the terms of the sentence at the outset of the plea allocution but failed to 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; People v Hernandez, 209 A.D.3d 672; People v Bush, 185 A.D.3d 1048, affd 38 N.Y.3d 66; People v Anderson, 179 A.D.3d 942). In any event, the record demonstrates that the defendant's plea was entered knowingly, voluntarily, and intelligently (see People v Bush, 38 N.Y.3d at 70-72; People v Ford, 86 N.Y.2d 397, 403).
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 N.Y.3d at 255-256; People v Morrow, 198 A.D.3d at 923).
IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.