| People v Elufe |
| 2013 NY Slip Op 00506 [102 AD3d 982] |
| January 30, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Elleggua O. Elufe, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J.Twersky, and Danit Almog of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Mondo, J., at plea; Pickett, J., at sentencing), rendered October 14, 2008, convicting himof robbery in the third degree and criminal possession of a weapon in the third degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntary survives a waiver of theright to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]), the defendant'scontention that his plea was not voluntary is unpreserved for appellate review because hewithdrew his motion to withdraw his plea (cf. People v Perez, 51 AD3d 1043 [2008]). In any event, aplea of guilty will be upheld as valid if it was entered knowingly, voluntarily, andintelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People vLopez, 71 NY2d 662, 666 [1988]; People v Harris, 61 NY2d 9, 17 [1983]).Here, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently.
The defendant's valid waiver of his right to appeal precludes review of his contentionthat the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255 [2006]).
The defendant received the effective assistance of counsel (see People vBenevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]).Dillon, J.P., Hall, Roman and Cohen, JJ., concur.