| People v Axel M. |
| 2014 NY Slip Op 08353 [122 AD3d 946] |
| November 26, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Axel M., Appellant. |
Marianne Karas, Thornwood, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered September 3, 2013, adjudicating him a youthful offender, uponhis plea of guilty to assault in the first degree and attempted robbery in the first degree(two counts), and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea agreement was unsupported by validconsideration is unpreserved for appellate review. In any event, contrary to thedefendant's contention, it is not the case here that " 'there was no promise, pleaagreement, reduced charge, or any other bargain or consideration given to the defendantin exchange for [his] plea' " (People v Brady-Laffer, 102 AD3d 806, 806-807 [2013],quoting People v Nicelli, 74AD3d 1235, 1236-1237 [2010]).
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 [2013]), the defendant failed to preserve for appellate review his contention thathis plea of guilty was not knowing, voluntary, or intelligent, since he did not move towithdraw his plea on this ground prior to the imposition of sentence (see CPL220.60 [3]; People v Clarke, 93 NY2d 904, 906 [1999]; People v Lujan, 114 AD3d963, 964 [2014]; People vOvalle, 112 AD3d 971 [2013]; People v Devodier, 102 AD3d 884 [2013]). In any event,the defendant's contention is without merit. The record demonstrates that the defendant'splea was knowing, voluntary, and intelligent. Moreover, contrary to the defendant'scontention, the statements attributed to the defendant in the presentence investigationreport did not obligate the court to sua sponte offer the defendant the opportunity towithdraw his guilty plea (seePeople v Taylor, 60 AD3d 708, 709 [2009]; People v Conti, 285 AD2d557, 557 [2001]; see also Peoplev Gomez, 114 AD3d 701, 702 [2014]; People v Hernandez, 110 AD3d 919, 919 [2013]; People v Kelly, 50 AD3d921, 921 [2008]), and, in any event, the defendant reaffirmed his guilty plea atsentencing (cf. People v Burton, 133 AD2d 276, 277 [1987]). Skelos, J.P.,Dickerson, Chambers and Sgroi, JJ., concur.