Opinion
No. 2022-04128 Ind. No. 75/21
03-20-2024
The People of the State of New York, respondent, v. Jordan A. Lee, appellant.
Margaret M. Walker, Poughkeepsie, NY (Steven Levine of counsel; Robert Bleakley on the brief), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.
Margaret M. Walker, Poughkeepsie, NY (Steven Levine of counsel; Robert Bleakley on the brief), for appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.
ANGELA G. IANNACCI, J.P. CHERYL E. CHAMBERS PAUL WOOTEN LILLIAN WAN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered April 22, 2022, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
As the defendant's challenge to the voluntariness of his plea survives even a valid waiver of the right to appeal, we need not determine whether the defendant's waiver of the right to appeal was invalid (see People v Seaberg, 74 N.Y.2d 1, 10; People v Potter, 191 A.D.3d 903, 903-904).
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, as he did not move to withdraw his plea or otherwise raise the issue before the County Court (see People v Pastor, 28 N.Y.3d 1089, 1091; People v Tyrell, 22 N.Y.3d 359, 364), and the narrow exception to the preservation rule is inapplicable in this case (see People v Gaston, 219 A.D.3d 626, 627; People v Mejia, 195 A.D.3d 1043, 1045). In any event, the record demonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered.
IANNACCI, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.