Opinion
2017–05129 Ind. No. 1736–15
03-20-2019
The PEOPLE, etc., Respondent, v. Richard DEOWASARRAN, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale and Felice Milani of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale and Felice Milani of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (John J. Toomey, J.), rendered September 26, 2016, convicting him of criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant pleaded guilty to criminal sexual act in the first degree. The defendant does not contest that he knowingly, voluntarily, and intelligently waived his right to appeal. He contends that his plea was not knowingly, voluntarily, and intelligently entered into because the County Court did not advise him of the potential sentencing range he faced as a second felony offender convicted of a violent class B felony offense (see Penal Law § 70.06[6][a] ). While this contention survives the defendant's 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 ; People v. Kovalsky, 166 A.D.3d 900, 85 N.Y.S.3d 889 ; People v. Miller, 166 A.D.3d 812, 88 N.Y.S.3d 199 ), it is unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise this issue before the court (see CPL 470.05[2] ; People v. Kovalsky, 166 A.D.3d at 901, 85 N.Y.S.3d 889 ; People v. Miller, 166 A.D.3d at 813, 88 N.Y.S.3d 199 ; People v. McClenic, 155 A.D.3d 1064, 64 N.Y.S.3d 554 ). In any event, the contention is without merit (see People v. Nixon, 21 N.Y.2d 338, 356, 287 N.Y.S.2d 659, 234 N.E.2d 687 ; People v. Kopy, 54 A.D.3d 441, 441, 862 N.Y.S.2d 651 ; People v. Booker, 280 A.D.2d 785, 785–786, 719 N.Y.S.2d 908 ).
DILLON, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.