Opinion
2021-07564 Ind. No. 14/21
09-28-2022
The PEOPLE, etc., respondent, v. Shaquan SMITH, appellant.
Yasmin Daley Duncan, Brooklyn, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
HECTOR D. LASALLE, P.J., ROBERT J. MILLER, LARA J. GENOVESI, LILLIAN WAN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered September 15, 2021, convicting him of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw his plea on this ground or otherwise raise this issue before the County Court (see People v. Pena, 204 A.D.3d 940, 941, 164 N.Y.S.3d 874 ; People v. Arce, 196 A.D.3d 696, 697, 148 N.Y.S.3d 687 ). In any event, the contention is without merit. The fact that the defendant had a history of mental illness in the form of depression and anxiety did not trigger a duty by the court to inquire into his mental capacity (see People v. Arce, 196 A.D.3d at 697, 148 N.Y.S.3d 687 ; People v. Leasure, 177 A.D.3d 770, 772, 114 N.Y.S.3d 367 ; People v. Harris, 166 A.D.3d 801, 87 N.Y.S.3d 235 ; cf. People v. Patillo, 185 A.D.3d 46 ).
Contrary to the defendant's contention, he validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Stevens, 203 A.D.3d 958, 959–960, 163 N.Y.S.3d 615 ). The defendant's valid waiver of the right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Thomas, 34 N.Y.3d at 558, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
LASALLE, P.J., MILLER, GENOVESI and WAN, JJ., concur.