Opinion
108700
10-04-2018
The PEOPLE of the State of New York, Respondent, v. Gordan LEW, Appellant.
Tracy E. Steeves, Kingston, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Tracy E. Steeves, Kingston, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Garry, P.J., McCarthy, Lynch, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
McCarthy, J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 12, 2016, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired by the combined influence of alcohol and drugs.
Defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired by the combined influence of alcohol and drugs and waived his right to appeal. County Court thereafter imposed the agreed-upon aggregate sentence of 1 to 3 years in prison. Defendant now appeals.
We affirm. Defendant knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Royal, 161 A.D.3d 1217, 1217, 77 N.Y.S.3d 181 [2018] ). Defendant's challenge to the severity of his sentence is precluded by his valid appeal waiver (see People v. Quinones, 160 A.D.3d 1304, 1305, 72 N.Y.S.3d 503 [2018], lv denied 31 N.Y.3d 1152, 83 N.Y.S.3d 434, 108 N.E.3d 508 [2018] ; People v. Rutigliano, 159 A.D.3d 1280, 1280, 73 N.Y.S.3d 674 [2018], lv denied 31 N.Y.3d 1121, 81 N.Y.S.3d 381, 106 N.E.3d 764 [2018] ). As to defendant's claim of ineffective assistance of counsel, his "challenges to counsel's motion practice and discovery efforts were forfeited by his guilty plea" ( People v. Trombley, 91 A.D.3d 1197, 1201, 937 N.Y.S.2d 665 [2012], lv denied 21 N.Y.3d 914, 966 N.Y.S.2d 366, 988 N.E.2d 895 [2013] ; see People v. Ward, 161 A.D.3d 1488, 1489, 74 N.Y.S.3d 775 [2018], lv denied 32 N.Y.3d 942, 83 N.Y.S.3d 869, 109 N.E.3d 1169 [Aug. 21, 2018] ).
ORDERED that the judgment is affirmed.
Garry, P.J., Lynch, Aarons and Rumsey, JJ., concur.