| People v Rivera |
| 2009 NY Slip Op 06711 [65 AD3d 1265] |
| September 22, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rafael Rivera, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Joseph A. Barca III, Lois CullenValerio, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Neary,J.), rendered October 29, 2008, convicting him of burglary in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was not valid. The defendant'scontention that the County Court abused its discretion in connection with the sentence offered inthe plea negotiation is, in effect, a contention that his plea of guilty was not knowing, voluntary,and intelligent. This contention is not preserved for appellate review (see People v Velez, 64 AD3d 799[2009]; People v LeGrady, 50AD3d 1059 [2008]; People vVasquez, 40 AD3d 1134 [2007]; People v Roman, 8 AD3d 503 [2004]), as the defendant did notmove to withdraw his plea prior to the imposition of the agreed-upon sentence. In any event, thedefendant's contentions with regard to the County Court's rejection of his unilateral attempt torenegotiate the sentence offer, and with regard to any potential motion to withdraw the plea, arewithout merit. Spolzino, J.P., Miller, Angiolillo and Dickerson, JJ., concur.