| People v Adams |
| 2009 NY Slip Op 08239 [67 AD3d 819] |
| November 10, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Orlando Adams, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and SharonY. Brodt of counsel; Michael Popper on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.),rendered May 15, 2007, convicting him of criminal possession of a controlled substance in thethird degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's waiver of his right to appeal does not preclude him from challenging thevoluntariness of his plea (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Morrow, 48 AD3d 704,705 [2008]). However, the defendant's contention that his plea was not knowingly andvoluntarily made is unpreserved for appellate review because he never moved to withdraw hisplea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665-666[1988]; People v Velez, 64 AD3d799 [2009]; People v Bolton,63 AD3d 1087 [2009]; Peoplev Antoine, 59 AD3d 560 [2009]; People v Rufa, 57 AD3d 697 [2008]; People v Luster, 45 AD3d 866[2007]), and we decline to review the issue in the exercise of our interest of justice jurisdiction.Mastro, J.P., Balkin, Eng and Leventhal, JJ., concur.