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People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 2009
67 A.D.3d 819 (N.Y. App. Div. 2009)

Opinion

No. 2008-05070.

November 10, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered May 15, 2007, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Michael Popper on the brief), for respondent.

Before: Mastro, J.P., Balkin, Eng and Leventhal, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal does not preclude him from challenging the voluntariness of his plea ( see People v Seaberg, 74 NY2d 1, 10; People v Morrow, 48 AD3d 704, 705). However, the defendant's contention that his plea was not knowingly and voluntarily made is unpreserved for appellate review because he never moved to withdraw his plea or vacate the judgment of conviction ( see People v Lopez, 71 NY2d 662, 665-666; People v Velez, 64 AD3d 799; People v Bolton, 63 AD3d 1087; People v Antoine, 59 AD3d 560; People v Rufa, 57 AD3d 697; People v Luster, 45 AD3d 866), and we decline to review the issue in the exercise of our interest of justice jurisdiction.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 2009
67 A.D.3d 819 (N.Y. App. Div. 2009)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO ADAMS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 2009

Citations

67 A.D.3d 819 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8239
887 N.Y.S.2d 859

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