Opinion
2016–01044 Ind. No. 14–01480
08-29-2018
The PEOPLE, etc., respondent, v. Charlene RUIZ, appellant.
Arza Feldman, Uniondale, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Virginia A. Marciano and William C. Milaccio of counsel), for respondent.
Arza Feldman, Uniondale, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Virginia A. Marciano and William C. Milaccio 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 Supreme Court, Westchester County (Barry E. Warhit, J.), rendered January 7, 2016, convicting her of gang assault in the first degree and tampering with physical evidence, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review her contention that her plea was not knowing, voluntary, and intelligent, since she withdrew her motion to vacate her plea and failed to otherwise raise this issue before the Supreme Court (see People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668 ; People v. Morgado, 144 A.D.3d 709, 710, 39 N.Y.S.3d 839 ). In any event, contrary to the defendant's contention, the record demonstrates that she knowingly, voluntarily, and intelligently pleaded guilty and waived her right to appeal (see People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Smith, 146 A.D.3d 904, 904–905, 44 N.Y.S.3d 771 ). The defendant's valid waiver of her right to appeal forecloses appellate review of her challenge to the factual sufficiency of her plea allocution (see People v. Mendoza, 153 A.D.3d 1365, 60 N.Y.S.3d 487 ; People v. Thompson, 143 A.D.3d 1007, 39 N.Y.S.3d 800 ). SCHEINKMAN, P.J., DILLON, COHEN and CHRISTOPHER, JJ., concur.