Opinion
2017–00593 Ind. No. 16–00354
10-31-2018
The PEOPLE, etc., Respondent, v. Earl O. MELVIN, Also Known as "Bugs," Appellant.
John P. Savoca, Yorktown, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
John P. Savoca, Yorktown, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, JEFFREY A. COHEN, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered December 15, 2016, convicting him of operating as a major trafficker, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his waiver of the right to appeal was knowing, voluntary, and intelligent (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Palladino, 140 A.D.3d 1194, 1195, 33 N.Y.S.3d 469 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Palladino, 140 A.D.3d at 1195, 33 N.Y.S.3d 469 ; People v. Magnotta, 137 A.D.3d 1303, 1303, 27 N.Y.S.3d 403 ).
The defendant's contention that his plea of guilty was not knowingly, intelligently, and voluntarily made survives his valid appeal waiver (see People v. Magnotta, 137 A.D.3d at 1303, 27 N.Y.S.3d 403 ; People v. Fontanet, 126 A.D.3d 723, 723, 2 N.Y.S.3d 371 ). However, the defendant failed to preserve this contention for appellate review since he did not move to withdraw his plea or otherwise raise this issue before the County Court (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Pollidore, 123 A.D.3d 1058, 1058, 997 N.Y.S.2d 752 ). In any event, the defendant's plea of guilty was knowing, intelligent, and voluntary (see People v. Molina, 146 A.D.3d 815, 815, 46 N.Y.S.3d 122 ; People v. Magnotta, 137 A.D.3d at 1303, 27 N.Y.S.3d 403 ). Contrary to the defendant's contention, the record of the plea proceeding reveals that the court adequately advised him of the constitutional rights forfeited by his plea of guilty (see People v. Magnotta, 137 A.D.3d at 1303, 27 N.Y.S.3d 403 ; People v. Pollidore, 123 A.D.3d at 1058, 997 N.Y.S.2d 752 ). Moreover, the defendant acknowledged that he had a full and fair opportunity to discuss with his attorney the plea, the rights he was waiving, and any legal defenses he might have to the charges, and that he was satisfied with his attorney's representation (see People v. Molina, 146 A.D.3d at 815, 46 N.Y.S.3d 122 ; People v. Khan, 201 A.D.2d 586, 587, 607 N.Y.S.2d 737 ).
SCHEINKMAN, P.J., DILLON, COHEN and CHRISTOPHER, JJ., concur.