| People v Perry |
| 2009 NY Slip Op 02389 [60 AD3d 974] |
| March 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Nathan Perry, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Lauren Del Giorno of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Sullivan, J.),rendered May 11, 2007, convicting him of criminal possession of stolen property in the fourthdegree and attempted petit larceny, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the County Court erred in its pretrial ruling on the People'sMolineux application is not properly before this Court as the defendant forfeited reviewof the Molineux ruling by virtue of his plea of guilty (see People v Molineux,168 NY 264 [1901]; People v Graham, 261 AD2d 414 [1999]; People v Gerber,182 AD2d 252, 260 [1992]; People v Winchenbaugh, 120 AD2d 811, 813 [1986]).Review is also precluded by the defendant's valid waiver of his right to appeal (see People vGraham, 261 AD2d 414 [1999]). The defendant's argument that he did not voluntarily enterhis plea of guilty because it was coerced by an improper Molineux ruling is notpreserved for appellate review because the defendant failed to move to withdraw his plea (seeCPL 470.05 [2]; People v Clarke, 93 NY2d 904, 906 [1999]; People v Lopez,71 NY2d 662, 665 [1988]; People v Thompson, 28 AD3d 498 [2006]). In any event,the record reflects that [*2]the defendant's guilty plea wasknowing, intelligent, and voluntary (see People v Garcia, 92 NY2d 869, 870 [1998];People v Fiumefreddo, 82 NY2d 536, 543 [1993]).
Finally, the defendant's valid waiver of his right to appeal forecloses appellate review of hischallenge to the hearing court's suppression determination (see People v Kemp, 94 NY2d831, 833 [1999]; People v Munford, 37 AD3d 855 [2007]; People v Smith, 35AD3d 769 [2006]; People v Peoples, 34 AD3d 503 [2006]). Prudenti, P.J., Skelos, Dillonand Eng, JJ., concur.