Opinion
KA 03-00439.
Decided April 30, 2004.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered February 14, 2003. The judgment convicted defendant, upon his plea of guilty, of aggravated criminal contempt.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (CHRISTI L. CARATOZZOLO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of aggravated criminal contempt (Penal Law § 215.52). Although the waiver of the right to appeal does not encompass the contention that the plea was not knowingly, voluntarily and intelligently entered, defendant failed to move to withdraw the plea or to vacate the judgment of conviction and thus has failed to preserve that contention for our review ( see People v. Bennefield, 306 A.D.2d 911; People v. Chrispen, 306 A.D.2d 916, lv denied 100 N.Y.2d 619). In any event, defendant's contention is without merit. Defendant's challenge to County Court's imposition of an enhanced sentence pursuant to the persistent felony offender sentencing provisions of Penal Law § 70.10 and CPL 400.20 is unpreserved for our review ( see People v. Rosen, 96 N.Y.2d 329, 333-335, cert denied 534 U.S. 899), and defendant's remaining contentions do not survive the waiver of the right to appeal ( see People v. White, 3 A.D.3d 543; People v. McKitchen, 2 A.D.3d 1475; see also People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737).