| People v Clarke |
| 2015 NY Slip Op 00547 [124 AD3d 791] |
| January 21, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Travis Clarke, Appellant. |
Jason M. Bernheimer, P.C., Katonah, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A.Bender of counsel), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, WestchesterCounty (Zambelli, J.), both rendered June 11, 2013, convicting him of attempted murderin the second degree under indictment No. 12-01104 and criminal possession of aweapon in the third degree under indictment No. 13-00152, upon his pleas of guilty, andimposing sentences.
Ordered that judgments are affirmed.
The defendant's contention that his pleas of guilty were not knowingly, voluntarily,and intelligently entered is unpreserved for appellate review, since he did not move towithdraw his pleas of guilty or vacate the judgments of conviction (see People vLopez, 71 NY2d 662, 665 [1988]; People v Williams, 110 AD3d 746, 747 [2013]). Contraryto the defendant's contention, the exception to the preservation requirement does notapply here, since the defendant's recitation of the facts underlying the crimes to which hepleaded guilty did not clearly cast significant doubt on his guilt, negate an essentialelement of the crimes, or call into question the voluntariness of the pleas (see Peoplev Lopez, 71 NY2d at 666; People v Williams, 110 AD3d at 747).
In addition, appellate review of the defendant's claims concerning his factualallocution at the plea proceeding and his claims concerning the denial of his suppression motion is precluded by his valid waiver of the right to appeal(see People v Lopez, 6NY3d 248, 255 [2006]; People v King, 115 AD3d 986, 987 [2014]; People v Budden, 77 AD3d672 [2010]). Skelos, J.P., Dillon, Miller and LaSalle, JJ., concur.