| People v Marcinak |
| 2010 NY Slip Op 00178 [69 AD3d 654] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BrianMarcinak, Appellant. |
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Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered November 7, 2008, convicting him of driving while ability impaired by drugs, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
We agree with the defendant's contention that the purported waiver of his right to appeal wasinvalid (see People v Woods, 67AD3d 829 [2009]; People v Dongo, 244 AD2d 353, 353 [1997]; cf. People v Silent, 37 AD3d 625[2007]). The defendant's contention that his plea of guilty was not knowingly, voluntarily, andintelligently entered is unpreserved for appellate review because he failed to move to withdrawhis plea of guilty prior to sentencing (see CPL 220.60 [3]; People v Velez, 64 AD3d 799,799 [2009]; People v Finn, 63AD3d 755, 756 [2009]). In any event, the record demonstrates that the defendant's plea ofguilty was entered knowingly, voluntarily, and intelligently (see People v Owens, 67 AD3d 1029 [2009]; People v Woods, 67 AD3d 829[2009]). The defendant's contention that he was denied the effective assistance of counsel iswithout merit (see People v Finn, 63 AD3d at 756). Furthermore, since the defendantpleaded guilty with the understanding that he would receive the sentence which was thereafteractually imposed, he has no basis to now complain that his sentence was excessive (see People v De Alvarez, 59 AD3d732, 733 [2009]; People vFanelli, 8 AD3d 296 [2004]; People v Mejia, 6 AD3d 630, 631 [2004]; People vKazepis, 101 AD2d 816, 816-817 [1984]). Dillon, J.P., Miller, Eng, Hall and Sgroi, JJ.,concur.