Opinion
2019–09223 Ind. No. 31/19
11-10-2021
The PEOPLE, etc., respondent, v. Shane PATTERSON, appellant.
Kelley M. Enderley, Poughkeepsie, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Kelley M. Enderley, Poughkeepsie, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered July 19, 2019, convicting him of aggravated driving while intoxicated in violation of Vehicle and Traffic Law § 1192(2–a)(a), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowing, voluntary, or intelligent. Since this issue would survive a valid waiver of the right to appeal, we do not consider the validity of the defendant's purported appeal waiver (see People v. Maldonado, 194 A.D.3d 1076, 1077, 144 N.Y.S.3d 613 ; People v. Walters, 183 A.D.3d 765, 765–766, 121 N.Y.S.3d 882 ; People v. Valentin, 175 A.D.3d 1569, 106 N.Y.S.3d 898 ).
The defendant's plea of guilty was valid, as the record indicates that it was knowingly, intelligently, and voluntarily made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543–544, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Batista, 167 A.D.3d 69, 76–77, 86 N.Y.S.3d 492 ).
MASTRO, J.P., MILLER, CONNOLLY and GENOVESI, JJ., concur.