| People v Sczepankowski |
| 2013 NY Slip Op 06404 [110 AD3d 1115] |
| October 3, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRichard Sczepankowski, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of Schenectady County(Hoye, J.), rendered September 7, 2011, convicting defendant upon his plea of guilty ofthe crime of driving while intoxicated.
Pursuant to a plea agreement, defendant waived indictment, pleaded guilty to asuperior court information charging him with driving while intoxicated and waived hisright to appeal, with the understanding that he would be sentenced to 1
We affirm. Contrary to defendant's contention, we find that he made a valid waiverof the right to appeal, as the plea allocution and the counseled written waiver executed inopen court demonstrate that he voluntarily, knowingly and intelligently waived the rightto appeal his conviction and sentence (see People v Jerome, 98 AD3d 1188, 1189 [2012], lvdenied 20 NY3d 987 [2012]; People v Martinez-Velazquez, 89 AD3d 1318, 1319[2011]). To the extent that defendant's claim that he was denied the effective assistanceof counsel survives his appeal waiver, the claim is not preserved for our review as therecord before us does not demonstrate that he moved to withdraw his plea or vacate thejudgment of conviction (seePeople v Lazore, 102 AD3d 1017, 1017-1018 [2013]; People v Benson, 100 AD3d1108, 1109 [2012]).[*2]
Peters, P.J., Rose and Lahtinen, JJ., concur.Ordered that the judgment is affirmed.