Majority
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered May 22, 2009, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that his waiver of the right to appeal was not knowingly, voluntarily, and intelligently made is without merit (see People v Lopez, 6 NY3d 248 , 256 [2006]). As the defendant correctly argues, a claim with respect to the voluntariness of a ple.a survives even a valid waiver of the right to appeal (see People v Elcine, 43 AD3d 1176 , 1177 [2007]). However, the defendant’s contention that his plea was not knowing and voluntary is unpreserved for appellate review because he failed to move to withdraw his plea of guilty prior to sentencing (see CPL 220.60 [3]; People v Marcinak, 69 AD3d 654 , 655 [2010], Iv denied 14 NY3d 842 [2010]; People v Velez, 64 AD3d 799 [2009]). In any event, the record demonstrates that the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently (see People v Marcinak, 69 AD3d at 655 ).
Moreover, by pleading guilty, the defendant forfeited his
The defendant’s waiver of his right to appeal precludes review of his remaining contentions. Skelos, J.P., Santucci, Dickerson and Leventhal, JJ, concur.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1368
- People v. Elcine 43 AD3d 1176 at 1177 p. 1368
- People v. Velez 64 AD3d 799 p. 1368
- People v. Aguayo 73 AD3d 938 p. 1369
- People v. Russell 58 AD3d 759 at 760 p. 1369
- People v. Benevento 91 NY2d 708 at 712 p. 1369