| People v Abdallah |
| 2008 NY Slip Op 03335 [50 AD3d 1312] |
| April 17, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Mahmoud A.Abdallah, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Thomas D. Jackson Jr. of counsel), forrespondent.
Cardona, P.J. Appeal from a judgment of the County Court of Broome County (Smith, J.),rendered April 17, 2006, convicting defendant upon his plea of guilty of the crime of criminalsale of a controlled substance in the second degree.
In satisfaction of a seven-count indictment, defendant pleaded guilty to criminal sale of acontrolled substance in the second degree and was sentenced, as a second felony offender, to aprison term of eight years, followed by five years of postrelease supervision.
Initially, defendant's contentions distill to a challenge to the knowing, voluntary andintelligent nature of his plea and that the sentence imposed was not in accordance with the pleaagreement. His failure to move to withdraw his plea or vacate the judgment of conviction rendersdefendant's arguments unpreserved for our review (see People v Adams, 26 AD3d 597, 598 [2006], lv denied 7NY3d 751 [2006]; People v Thompson, 193 AD2d 841, 842 [1993]). In any event, werewe to reach these issues, we would find them without merit. A review of the record supports theconclusion that defendant entered a knowing, voluntary and intelligent plea of guilty with a fullunderstanding of its consequences. Defendant's responses to County Court's questions belie hiscontention that he was rushed or misled into accepting the plea agreement (see People v Douglas, 38 AD3d1063, 1064 [2007], lv denied 9 NY3d 843 [2007]). We would also [*2]find without merit defendant's contention that the sentence imposedviolated the terms of the plea agreement. The court stated that "there is a possibility, but nopromise" that any cooperation by defendant in a pending federal investigation against him couldfavorably impact the ultimate sentence imposed in the instant matter. However, the court clearlystated that pursuant to the plea agreement defendant could receive eight years in prison and fiveyears of postrelease supervision.
Likewise, defendant failed to preserve his claim of ineffective assistance of counsel andnothing suggests that the alleged "careless representation at sentencing" impacted thevoluntariness of his plea (see People v Petgen, 55 NY2d 529, 534-535 [1982]; Peoplev Justice, 283 AD2d 665 [2001]). Finally, given defendant's criminal history, we areunpersuaded by defendant's argument that the bargained-for sentence was harsh and excessive(see People v Sherald, 45 AD3d973 [2007], lv denied 10 NY3d 771 [2008]; People v Guillermo, 254 AD2d527, 528 [1998], lv denied 92 NY2d 1032 [1998]).
Spain, Carpinello, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.