| People v Cousar |
| 2015 NY Slip Op 03857 [128 AD3d 716] |
| May 6, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Thomas Cousar, Appellant. |
Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Seth B. Altman andAndrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(Berry, J.), rendered May 23, 2012, convicting him of criminal possession of a weapon inthe second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's general waiver of his right to appeal does not foreclose review of hiscontention that he was deprived of his right to due process when the sentencing courtfailed to hold a hearing to determine whether he violated a condition of the pleaagreement requiring that he not violate the law or be arrested for violating the law (see People v Arrington, 94AD3d 903 [2012]; People vKitchens, 46 AD3d 577 [2007]; People v Garner, 18 AD3d 669 [2005]). However, thedefendant failed to preserve this issue for appellate review, since he did not request ahearing, object to the adequacy of the inquiry conducted by the County Court, or move towithdraw his plea of guilty (seePeople v Arrington, 94 AD3d 903 [2012]; People v Kitchens, 46 AD3d 577 [2007]; People v Benn, 23 AD3d574 [2005]; People vGarner, 18 AD3d 669 [2005]).
In any event, the defendant's contention is without merit. Following the defendant'splea of guilty in this case, but before he was sentenced, he was arrested for and pleadedguilty to assault in the first degree, arising from a separate, subsequent incident. Underthese circumstances, the County Court was not obligated to conduct a more formalinquiry than it did here (seePeople v Valencia, 3 NY3d 714 [2004]; People v Billups, 63 AD3d 750 [2009]), since thedefendant's plea of guilty to assault in the first degree established the reliability andaccuracy of the court's determination that the defendant violated the condition of the pleaagreement in this case, requiring that he not violate the law or be arrested for violatingthe law (see People v Outley, 80 NY2d 702, 712 [1993]).
The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Morgan, 121 AD3d1128 [2014]). Chambers, J.P., Dickerson, LaSalle and Barros, JJ., concur.