| People v Lofton |
| 2014 NY Slip Op 02082 [115 AD3d 989] |
| March 26, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher Lofton, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Cristin N. Connell of counsel),for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Gulotta, Jr., J.), rendered March 4, 2013, convicting him of criminal sale of a controlledsubstance in the third degree and criminal possession of a controlled substance in theseventh degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntary survives a valid waiver ofthe right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Persaud, 109 AD3d626, 626 [2013]), the defendant's contention that his plea of guilty was notknowingly, voluntarily, and intelligently entered is unpreserved for appellate reviewbecause he did not move to withdraw his plea of guilty prior to the imposition ofsentence (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Gazader, 51 AD3d1036, 1037 [2008]). In any event, the defendant's plea of guilty was enteredknowingly, voluntarily, and intelligently (see People v Garcia, 92 NY2d 869, 870[1998]; People v Fiumefreddo, 82 NY2d 536, 543 [1996]). Contrary to thedefendant's contention, the record reflects that he was properly apprised of the prisonsentence he was agreeing to as part of the plea agreement (see People v Watts, 100 AD3d938, 938 [2012]; cf. Peoplev Ruddy, 77 AD3d 983, 984 [2010]).
The defendant's remaining contentions are without merit. Rivera, J.P., Lott, Romanand Hinds-Radix, JJ., concur.