| People v Goossens |
| 2012 NY Slip Op 01300 [92 AD3d 1282] |
| February 17, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v CarlGoossens, Appellant. (Appeal No. 2.) |
—[*1] Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), forrespondent.
Appeal from a judgment of the Livingston County Court (Robert B. Wiggins, J.), renderedJanuary 9, 2007. The judgment convicted defendant, upon his plea of guilty, of rape in the thirddegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofrape in the third degree (Penal Law § 130.25 [2]). We reject defendant's contention that hiswaiver of the right to appeal was invalid (see generally People v Lopez, 6 NY3d 248, 256 [2006]). Althoughdefendant's further contention that his plea was not knowingly, voluntarily and intelligentlyentered survives his valid waiver of the right to appeal, defendant failed to preserve thatcontention for our review (see People vDavis, 45 AD3d 1357 [2007], lv denied 9 NY3d 1005 [2007]; People v Jones, 42 AD3d 968[2007]). Contrary to defendant's contention, this case does not fall within the rare exception tothe preservation requirement set forth in People v Lopez (71 NY2d 662, 666 [1988]),"inasmuch as nothing in the plea colloquy casts significant doubt on defendant's guilt or thevoluntariness of the plea" (People vLewandowski, 82 AD3d 1602, 1602 [2011]; see Jones, 42 AD3d 968).Defendant's valid waiver of the right to appeal encompasses his further contention that CountyCourt failed to afford him sufficient time to retain a new attorney (see People v La Bar, 16 AD3d1084 [2005], lv denied 5 NY3d 764 [2005]; People v Morgan, 275 AD2d970 [2000], lv denied 96 NY2d 761 [2001]) and, in any event, defendant failed topreserve that contention for our review (see CPL 470.05 [2]). Finally, the challenge bydefendant to the court's suppression ruling is also encompassed by his valid waiver of the right toappeal (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Bell, 89 AD3d 1518[2011]). Present—Centra, J.P., Fahey, Peradotto, Carni and Martoche, JJ.