| People v Barrett |
| 2010 NY Slip Op 02446 [71 AD3d 1340] |
| March 25, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v VanceBarrett, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Malone Jr., J. Appeal from a judgment of the County Court of Albany County (Herrick, J.),rendered January 27, 2009, convicting defendant upon his plea of guilty of the crime of assault inthe third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of assault inthe third degree and waived his right to appeal. Pursuant to the plea agreement, defendant was toreceive the agreed-upon sentence of six months in jail. After defendant was found to be inviolation of the plea agreement, County Court imposed an enhanced sentence of 11 months injail. Defendant now appeals.
We affirm. Defendant's contention that his plea was not voluntarily made, which survives hisvalid waiver of the right to appeal, is not preserved for our review due to his failure to move towithdraw his plea or vacate his judgment of conviction (see People v Brennan, 62 AD3d 1167, 1168 [2009], lvdenied 13 NY3d 794 [2009]; People v Grant, 60 AD3d 1202, 1202 [2009]). Moreover, to theextent that defendant challenges County Court's rulings related to his suppression motion, suchchallenge is precluded by his waiver of the right to appeal (see People v Perry, 50 AD3d 1244, 1245 [2008], lv denied10 NY3d 963 [2008]).[*2]
Mercure, J.P., Lahtinen, McCarthy and Garry, JJ.,concur. Ordered that the judgment is affirmed.