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People v. Moye

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 27, 2019
170 A.D.3d 1198 (N.Y. App. Div. 2019)

Opinion

2017–08251 Ind.No. 16–01371

03-27-2019

The PEOPLE, etc., Respondent, v. Charles MOYE, Appellant.

Del Atwell, East Hampton, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.


Del Atwell, East Hampton, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.

REINALDO E. RIVERA, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, BETSY BARROS, JJ.

DECISION & ORDERORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that the procedure used to adjudicate him a second felony offender was defective (see People v. Ovalles , 161 A.D.3d 1107, 1108, 73 N.Y.S.3d 894 ; People v. Thomas , 148 A.D.3d 734, 734, 47 N.Y.S.3d 715 ; People v. Hicks , 134 A.D.3d 854, 854, 19 N.Y.S.3d 907 ).

Although the defendant's contention concerning the voluntariness of his plea survives his appeal waiver (see People v. Seaberg , 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Molina , 146 A.D.3d 815, 815, 46 N.Y.S.3d 122 ; People v. Camarda , 138 A.D.3d 884, 885, 29 N.Y.S.3d 511 ), the issue is unpreserved for appellate review because the defendant did not move to vacate his plea or otherwise raise the issue in the County Court (see CPL 220.60 ; People v. Peque , 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Clarke , 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668 ; People v. Bautista , 138 A.D.3d 754, 754, 27 N.Y.S.3d 893 ; People v. Scott , 39 A.D.3d 570, 571, 834 N.Y.S.2d 226 ). In any event, the contention is without merit, as the record demonstrates that the plea of guilty was knowing, voluntary, and intelligent (see People v. Fiumefreddo , 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Douglas , 148 A.D.3d 822, 823, 48 N.Y.S.3d 742 ; People v. DeBenedetto , 120 A.D.3d 1428, 1429, 992 N.Y.S.2d 370 ; People v. Martinez , 33 A.D.3d 631, 632, 821 N.Y.S.2d 660 ; People v. Bevins , 27 A.D.3d 572, 573, 811 N.Y.S.2d 429 ).

RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.


Summaries of

People v. Moye

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 27, 2019
170 A.D.3d 1198 (N.Y. App. Div. 2019)
Case details for

People v. Moye

Case Details

Full title:The People of the State of New York, respondent, v. Charles Moye…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 27, 2019

Citations

170 A.D.3d 1198 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 2357
95 N.Y.S.3d 535

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