| People v Watson |
| 2013 NY Slip Op 02783 [105 AD3d 1264] |
| April 25, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vReginald K. Watson, Also Known as Reggie, Appellant. |
—[*1] Kevin C. Kortright, Fort Edward (Katherine G. Henley of counsel), forrespondent.
Defendant pleaded guilty to one count of criminal sale of a controlled substance inthe third degree in satisfaction of a 12-count indictment, and further waived his right toappeal orally and in a written document executed in open court. In accordance with theplea agreement, he was sentenced as a second felony offender to eight years in prison, tobe followed by three years of postrelease supervision. Defendant now appeals.
We affirm. Defendant contends that he received the ineffective assistance of counsel,which he is permitted to raise by the terms of his valid appeal waiver. The record doesnot reflect that defendant moved to withdraw his plea or vacate the judgment ofconviction, however, and his claim is accordingly not preserved for our review (see People v Williams, 101AD3d 1174, 1174 [2012]; People v Haskins, 86 AD3d 794, 796 [2011], lvdenied 17 NY3d 903 [2011]). Within that context, defendant also asserts that a localcriminal court that handled a related felony complaint lacked jurisdiction over him but, tothe extent that issue survived his guilty plea and appeal waiver, any defects wererendered academic by an indictment having subsequently been handed up against him,which "superceded all prior proceedings" (People ex rel. Van [*2]Steenburg vWasser, 69 AD3d 1135, 1136 [2010], lv dismissed and denied 14 NY3d883 [2010]; see People ex rel.Rosado v Napoli, 83 AD3d 1347, 1347 [2011], lv denied 17 NY3d 710[2011]; People v Hart, 25AD3d 815, 816 [2006], lv denied 6 NY3d 834 [2006]).
Lahtinen, J.P., Stein and Garry, JJ., concur. Ordered that the judgment is affirmed.