| People v Monk |
| 2014 NY Slip Op 00543 [113 AD3d 999] |
| January 30, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v SybilD. Monk, Appellant. |
—[*1] James E. Conboy, District Attorney, Fonda (Kelli P. McCoski of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Montgomery County(Catena, J.), rendered March 16, 2011, convicting defendant upon her plea of guilty ofthe crime of aggravated vehicular homicide.
Following a motor vehicle accident in which defendant's car crossed the center lineand struck two motorcyclists, killing one and severely injuring the other, defendantpleaded guilty, in full satisfaction of an eight-count indictment, to aggravated vehicularhomicide and waived her right to appeal her conviction and sentence. Thereafter, CountyCourt sentenced defendant to the agreed-upon term of 6 to 18 years in prison and orderedthe payment of nearly $20,000 in restitution. Defendant now appeals.
We affirm. Although defendant's contention that her plea was not knowing,intelligent and voluntary survives her valid waiver of appeal, the record does notdemonstrate that defendant moved to withdraw her plea or vacate the judgment ofconviction; hence, such argument has not been preserved for our review (see People v Henion, 110AD3d 1349, 1350 [2013]; People v Gathers, 106 AD3d 1333, 1334 [2013], lvdenied 21 NY3d 1073 [2013]). Moreover, inasmuch as defendant made nostatements during the plea allocution that tended to cast doubt upon her guilt, the narrowexception to the preservation requirement is inapplicable (see People v Ladieu, 105AD3d 1265, 1265-1266 [2013], lv denied 21 NY3d 1017 [2013]; Peoplev Estrada, 102 [*2]AD3d 1064, 1064-1065 [2013]).In any event, defendant's present claim of confusion is belied by the record (see People v Vazquez, 34AD3d 855, 855 [2006], lv denied 8 NY3d 850 [2007]; cf. People v Vallee, 97 AD3d972, 974 [2012], lv denied 20 NY3d 1104 [2013]). Finally, defendant isprecluded from challenging her sentence as harsh and excessive in light of her validwaiver of appeal (see People vRoche, 106 AD3d 1328, 1329 [2013]).
Peters, P.J., Lahtinen and Stein, JJ., concur. Ordered that the judgment is affirmed.