Opinion
2016–07555 Ind.No. 291/15
10-31-2018
The PEOPLE, etc., Respondent, v. Calvin SCOTT, Appellant.
Salvatore C. Adamo, New York, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Martin Efman, J.), rendered December 17, 2015, as amended by a judgment of the same court rendered April 5, 2016, convicting him of criminal possession of a controlled substance in the first degree and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment, as amended, is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 254, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Coachman, 154 A.D.3d 957, 957, 63 N.Y.S.3d 94 ).
The defendant's contention that his plea was not knowing, voluntary, and intelligent survives his valid appeal waiver (see People v. Fontanet, 126 A.D.3d 723, 2 N.Y.S.3d 371 ). However, the defendant's contention is unpreserved for appellate review, since he did not move to withdraw the plea or otherwise raise this issue before the Supreme Court (see People v. Ellis, 142 A.D.3d 509, 510, 35 N.Y.S.3d 920 ; People v. Gomez, 114 A.D.3d 701, 701, 979 N.Y.S.2d 828 ). In any event, this contention is without merit.
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that he was deprived of the effective assistance of counsel, since it does not relate to the voluntariness of his plea (see People v. Appling, 94 A.D.3d 1135, 1136, 942 N.Y.S.2d 617 ).
The defendant's valid waiver of his right to appeal also precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Joseph, 142 A.D.3d 627, 628, 36 N.Y.S.3d 605 ).
AUSTIN, J.P., ROMAN, DUFFY and CHRISTOPHER, JJ., concur.