| People v Yanez-Mejia |
| 2015 NY Slip Op 08449 [133 AD3d 801] |
| November 18, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jose Yanez-Mejia, Appellant. |
Steven A. Feldman, Uniondale, N.Y., for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Judith R. Sternberg andJason R. Richards of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Donnino, J.), rendered May 30, 2012, convicting him of manslaughter in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntarily entered survives a validwaiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Lujan, 114 AD3d963, 964 [2014]), the defendant's contention that his plea was not voluntarily enteredis unpreserved for appellate review because he did not move to vacate his plea orotherwise raise this issue before the Supreme Court (see People v Clarke, 93NY2d 904, 906 [1999]; People v Lopez, 71 NY2d 662, 665 [1988]; People v Statini, 117 AD3d1089, 1089 [2014]). In any event, the record of the plea proceedings fullydemonstrates that the defendant's plea was knowingly, voluntarily, and intelligentlyentered and not the result of coercion (see People v Fiumefreddo, 82 NY2d 536,543 [1993]; People vBennett, 122 AD3d 871, 872 [2014]; People v Ross, 113 AD3d 877, 878 [2014]; People v Howard, 109 AD3d487, 488 [2013]). Mastro, J.P., Austin, Maltese and Barros, JJ., concur.