| People v Watson |
| 2013 NY Slip Op 06399 [110 AD3d 1110] |
| October 3, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRayquis Watson, Also Known as YB, Also Known as Stacks, Also Known as Manny,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Christopher J. Torelli of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of Albany County(Herrick, J.), rendered April 11, 2011, convicting defendant upon his plea of guilty of thecrime of attempted criminal sale of a controlled substance in the third degree.
Defendant pleaded guilty to attempted criminal sale of a controlled substance in thethird degree in satisfaction of a multicount indictment. Pursuant to the plea agreement,defendant waived his right to appeal and County Court agreed to impose a prisonsentence of at least 1½ years followed by 1½ years of postrelease supervisionbut no more than eight years followed by three years of postrelease supervision.Moreover, it was agreed that this sentence was to run concurrently to a sentence imposedupon defendant's conviction on a separate charge pending in Albany County. The courtadhered to the plea agreement and imposed a prison sentence of six years followed bytwo years of postrelease supervision, to run concurrently to the previously specifiedsentence. Defendant now appeals.
Defendant's challenge to the voluntariness of his plea is not preserved for our reviewinasmuch as the record does not reflect that defendant moved to withdraw the plea orvacate the [*2]judgment of conviction (see People v Musser, 106AD3d 1334, 1335 [2013]; People v Richardson, 83 AD3d 1290, 1291 [2011], lvdenied 17 NY3d 821 [2011]; People v Singh, 73 AD3d 1384, 1384-1385 [2010], lvdenied 15 NY3d 809 [2010]). Moreover, the narrow exception to the preservationrequirement is not triggered, as nothing said during the plea colloquy cast doubt upondefendant's guilt or the voluntariness of his plea (see People v Benson, 100 AD3d 1108, 1109 [2012]; People v Planty, 85 AD3d1317, 1318 [2011], lv denied 17 NY3d 820 [2011]). To the extent thatdefendant's ineffective assistance of counsel argument relates to the voluntariness of hisplea, it is likewise unpreserved (see People v Walton, 101 AD3d 1489, 1490 [2012], lvdenied 20 NY3d 1105 [2013]; People v Jimenez, 96 AD3d 1109, 1110 [2012]). Finally,defendant's challenge to the severity of his sentence is precluded by his valid waiver ofthe right to appeal (see People vLopez, 97 AD3d 853, 853-854 [2012], lv denied 19 NY3d 1027 [2012];People v Richardson, 83 AD3d at 1292).
Rose, J.P., Stein and Garry, JJ., concur. Ordered that the judgment is affirmed.