| People v Harvey |
| 2016 NY Slip Op 02108 [137 AD3d 1162] |
| March 23, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v John J. Harvey, Appellant. |
Matthew Muraskin, Port Jefferson, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Brennan of counsel),for respondent.
Appeals by the defendant from (1) a judgment of the County Court, Suffolk County(Efman, J.), rendered September 15, 2014, convicting him of robbery in the third degree(two counts) under indictment No. 572-14, upon his plea of guilty, and imposingsentence, and (2) a judgment of the same court, also rendered September 15, 2014,convicting him of attempted criminal sale of a controlled substance in the third degreeunder Superior Court information No. 1334-14, upon his plea of guilty, and imposingsentence.
Ordered that the judgments are affirmed.
On appeal, the defendant contends that his waiver of the right to appeal was invalidand that his plea of guilty was not knowingly, voluntarily, and intelligently entered. Asthe defendant's challenge to the voluntariness of his plea of guilty survives even a validwaiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Innocent, 132 AD3d696, 696 [2015]; People vBorges, 103 AD3d 747, 748 [2013]), we need not determine whether thedefendant's waiver of the right to appeal was invalid. The defendant's contention that hisplea was not knowingly, voluntarily, and intelligently entered is unpreserved forappellate review (see People vConceicao, 26 NY3d 375 [2015]; People v McCollough, 135 AD3d 490 [2016]), and wedecline to review it in the exercise of our interest of justice jurisdiction. Dillon, J.P.,Chambers, Dickerson and Barros, JJ., concur.