Opinion
2000-09312
Submitted November 13, 2002.
December 9, 2002.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered September 25, 2000, convicting him of criminal mischief in the second degree and criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.
Philip H. Schnabel, Chester, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The record does not demonstrate that the defendant sought to withdraw his plea of guilty before he was sentenced so as to preserve his claim that his plea was not intelligently, voluntarily, and knowingly made (see People v. Lopez, 71 N.Y.2d 662; People v. Nieves, 289 A.D.2d 342). Further, the defendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of his claim that the sentence imposed was excessive (see People v. Headley, 289 A.D.2d 341; People v. Hidalgo, 91 N.Y.2d 733).
SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.