People v Woods

2009 NY Slip Op 08252 [67 AD3d 829]

November 10, 2009

Appellate Division, Second Department

As corrected through Wednesday, January 6, 2010

The People of the State of New York,Respondent, v Jeffrey Woods, Appellant.

—[*1]Matthew Muraskin, Port Jefferson, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered February 2, 2007, convicting him of attempted criminal sale of a controlled substancein the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was not valid (see People v Moyett, 7 NY3d 892,893 [2006]; People v Lopez, 6NY3d 248, 257 [2006]). However, contrary to the defendant's contention, his plea of guiltywas knowingly, voluntarily, and intelligently entered (see People v Garcia, 92 NY2d869, 870 [1998]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Grimes, 35 AD3d 882,883 [2006]).

The defendant's remaining contention is without merit. Rivera, J.P., Florio, Miller and Hall,JJ., concur.