People v Lewis
2013 NY Slip Op 02268 [105 AD3d 773]
April 3, 2013
Appellate Division, Second Department
As corrected through Wednesday, May 29, 2013


The People of the State of New York,Respondent,
v
Marcus N. Lewis, Appellant.

[*1]Salvatore C. Adamo, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), forrespondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County(Cohen, J.), rendered March 7, 2012, convicting him of driving while intoxicated andaggravated unlicensed operation of a motor vehicle in the first degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court failed to inform him of theconstitutional rights he was waiving by pleading guilty is unpreserved for appellatereview (see People v Perez,51 AD3d 1043 [2008]). In any event, we find that the defendant's plea of guilty wasentered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]; People vHarris, 61 NY2d 9, 17 [1983]).

The defendant was not deprived of the effective assistance of counsel, as defensecounsel provided meaningful representation (see People v Benevento, 91 NY2d708 [1998]; People v Baldi, 54 NY2d 137 [1981]).

To the extent that the defendant contends that his sentence was excessive, thatcontention is precluded by the defendant's valid waiver of his right to appeal (see generally People v Lopez,6 NY3d 248, 255-256 [2006]). Angiolillo, J.P., Balkin, Austin and Miller, JJ.,concur.


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