Opinion
2016–08168 Ind.No. 529/15
11-29-2017
The PEOPLE, etc., respondent, v. Daryle D. MCCLENIC, appellant.
Marianne Karas, Thornwood, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.
Marianne Karas, Thornwood, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.
RANDALL T. ENG, P.J., REINALDO E. RIVERA, SHERI S. ROMAN, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered March 14, 2016, convicting him of criminal sale of a controlled substance in the fifth degree and reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Although a claim that a plea of guilty was not knowing, voluntary, and intelligent survives a 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 ; see also People v. Broccoli, 152 A.D.3d 536, 536, 54 N.Y.S.3d 875 ; People v. May, 138 A.D.3d 1146, 1146, 30 N.Y.S.3d 327 ), the defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, or intelligent, since he did not move to withdraw his plea on this ground prior to the imposition of sentence (see People v. May, 138 A.D.3d at 1146, 30 N.Y.S.3d 327 ; People v. Jackson, 114 A.D.3d 807, 807, 979 N.Y.S.2d 704 ; People v. Bolton, 63 A.D.3d 1087, 880 N.Y.S.2d 558 ). In any event, the record demonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered.
ENG, P.J., RIVERA, ROMAN and CONNOLLY, JJ., concur.