| People v Rock |
| 2008 NY Slip Op 09299 [56 AD3d 1053] |
| November 26, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v David Rock,Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Michael R. Stern of counsel), forrespondent.
Cardona, P.J. Appeal from a judgment of the County Court of Washington County(McKeighan, J.), rendered January 25, 2008, convicting defendant upon his plea of guilty of thecrime of reckless endangerment in the first degree.
Defendant entered an Alford plea of guilty to reckless endangerment in the firstdegree and was sentenced to 1 to 3 years in prison. He now contends that his plea wasinvoluntary, and that the record does not contain sufficient proof of guilt. However, thosearguments are unpreserved because he did not move to withdraw his plea or vacate the judgmentof conviction (see People v Lopez,33 AD3d 1062, 1062 [2006], lv denied 8 NY3d 847 [2007]; People v Tausinger, 21 AD3d1181, 1182 [2005]). In any event, were we to review the merits, we would find that the pleawas voluntary inasmuch as County Court ensured that defendant discussed the plea with hiscounsel, understood the ramifications of pleading guilty, and entered the plea for acceptablereasons (see People v Washington,51 AD3d 1223, 1224 [2008]; People v Cash, 19 AD3d 934, 935 [2005], lv denied 5NY3d 804 [2005]). We would further find that the court's review of the grand jury minutes priorto defendant's plea established a basis for finding strong record evidence of defendant's guilt(see People v Washington, 51 AD3d at 1224).
Defendant's remaining contention—that his appeal waiver was not knowing and [*2]intelligent—is rendered academic by his failure to preservethe arguments raised above. In any event, the record reveals that defendant validly waived hisappeal rights both orally during the plea colloquy and by written waiver executed therewith (see People v Lewis, 48 AD3d 880,881 [2008]).
Peters, Carpinello, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.