People v. Negron

Appeal from a judgment of the County Court of Montgomery County (Aison, J.), rendered March 4, 1992, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

Upon entering a plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree, defendant was sentenced as a second felony offender to a term of imprisonment of 7 to 14 years. As a part of his guilty plea, defendant agreed to waive his right to appeal. Defendant now

Defendant failed to move to withdraw his plea or to vacate the judgment of conviction; he has therefore failed to preserve his challenge to the sufficiency of the plea for review (see, People v Lopez, 71 NY2d 662 ; People v Schouenborg, 188 AD2d 625 ; People v Linares, 174 AD2d 847 , lv denied 78 NY2d 969 ). In any event, the record establishes that defendant knowingly and voluntarily waived his right to appeal (see, People v Seaberg, 74 NY2d 1 ). Given that defendant was allowed to plead guilty to one count of criminal possession of a controlled substance in the fourth degree in satisfaction of a nine-count indictment, pleaded guilty knowing that he would receive the sentence imposed, has a prior criminal history and was not given the harshest possible sentence, there is no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 AD2d 780 , lv denied 71 NY2d 899 ; People v Du Bray, 76 AD2d 976 ).

Weiss, P. J., Levine, Crew III, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.