| People v O'Keefe |
| 2015 NY Slip Op 08462 [133 AD3d 1034] |
| November 19, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Patrick O'Keefe, Appellant. |
John P.M. Wappett, Public Defender, Lake George (Glenn B. Liebert of counsel), forappellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport ofcounsel), for respondent.
Devine, J. Appeal from a judgment of the County Court of Warren County (Hall Jr.,J.), rendered June 21, 2013, convicting defendant upon his plea of guilty of the crime ofcriminal sale of a controlled substance in the third degree.
Defendant pleaded guilty to criminal sale of a controlled substance in the thirddegree and waived his right to appeal, with the understanding that he would be sentencedto five years in prison and three years of postrelease supervision. County Court thereafterimposed the agreed-upon sentence and defendant now appeals.
We affirm. To the extent that defendant challenges the validity of his appeal waiver,the plea colloquy and the written waiver executed in open court demonstrate that heknowingly, intelligently and voluntarily waived the right to appeal his conviction andsentence (see People vDonah, 127 AD3d 1413, 1413 [2015]; People v Merrill, 123 AD3d 1339, 1339 [2014], lvdenied 26 NY3d 970 [2015]). Defendant's remaining contention, that his plea wasinvoluntary, survives his appeal waiver but is not preserved for our review, as the recorddoes not reflect that he made an appropriate postallocution motion (see People v Smith, 123 AD3d1375, 1376 [2014], lv denied 26 NY3d 935 [2015]; People v Guyette, 121 AD3d1430, 1431 [2014]). Further, the narrow exception to the preservation rule is notimplicated here, inasmuch as defendant did not make any statements during the pleacolloquy that cast doubt upon his guilt or otherwise called [*2]into question the voluntariness of his plea (see People v Kormos, 126AD3d 1039, 1040 [2015]; People v Skidds, 123 AD3d 1342, 1342-1343 [2014], lvdenied 25 NY3d 992 [2015]).
McCarthy, J.P., Rose and Clark, JJ., concur. Ordered that the judgment isaffirmed.