| People v Grigger |
| 2013 NY Slip Op 07213 [111 AD3d 974] |
| November 7, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vNorbert Grigger, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of Albany County (Breslin,J.), rendered July 6, 2011, convicting defendant upon his plea of guilty of the crime ofattempted criminal possession of a weapon in the fourth degree.
Defendant waived indictment and pleaded guilty to attempted criminal possession ofa weapon in the fourth degree in satisfaction of a superior court information as well asanother pending indictment. In connection with the plea agreement, defendant waived hisright to appeal. Defendant was thereafter sentenced, as a second felony offender, to1½ to 3 years in prison. Defendant now appeals.
To the extent that defendant's arguments regarding the validity of his plea and theadequacy of his representation implicate the voluntariness of his plea, these argumentssurvive his waiver of the right to appeal (see People v Estrada, 102 AD3d 1064, 1065 [2013]; People v Benson, 100 AD3d1108, 1108-1109 [2012]). However, the record does not reflect that either of thesearguments was preserved for review by an appropriate motion to withdraw the plea orvacate the judgment of conviction (see id.). In any event, these arguments are notsupported by the record, which reflects that counsel negotiated a favorable pleaagreement on defendant's behalf and defendant entered a knowing and voluntary guiltyplea after being fully advised of the [*2]rights he wasgiving up by doing so (seePeople v White, 104 AD3d 1056, 1056-1057 [2013], lv denied 21NY3d 1021 [2013]; People vWilli, 80 AD3d 884, 885 [2011], lv denied 16 NY3d 900 [2011]).Defendant's remaining argument that the sentence is harsh and excessive is foreclosed byhis valid waiver of the right to appeal (see People v Revette, 102 AD3d 1065, 1066 [2013]; People v Stoff, 74 AD3d1640, 1641 [2010], lv denied 15 NY3d 810 [2010]).
Rose, J.P., Lahtinen and Stein, JJ., concur. Ordered that the judgment is affirmed.