| People v Molina |
| 2017 NY Slip Op 00192 [146 AD3d 815] |
| January 11, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Deanna Molina, Appellant. |
John P. Savoca, Yorktown Heights, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Andrew R. Kass of counsel;Paul W. Ostrer on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(Freehill, J.), rendered July 9, 2014, convicting her of robbery in the first degree, uponher plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that her plea of guilty was not knowing, voluntary, orintelligent because she was not advised of certain constitutional rights she was forfeitingas a result of her plea of guilty, and because there was no inquiry as to whether she haddiscussed with her attorney the constitutional rights she was forfeiting. While thedefendant validly waived her right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d248, 256 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]), hercontentions concerning the voluntariness of her plea of guilty survive her appeal waiver(see People v Seaberg, 74 NY2d 1, 10 [1989]; People v May, 138 AD3d1146 [2016]; People vMurphy, 114 AD3d 704, 705 [2014]; People v Joseph, 103 AD3d 665 [2013]). However, thisissue is unpreserved for appellate review, since the defendant failed to move to vacateher plea prior to the imposition of sentence or otherwise raise the issue in the CountyCourt (see People v Sirico,135 AD3d 19, 22 [2015]; People v Isaiah S., 130 AD3d 1081, 1081-1082 [2015]; People v Bennett, 122 AD3d871, 872 [2014]). In any event, the defendant's contentions are belied by the record.The record reveals that the court advised the defendant of her rights under Boykin vAlabama (395 US 238 [1969]) and other constitutional rights she was forfeiting bypleading guilty (see People v Sirico, 135 AD3d at 22; People v Isaiah S.,130 AD3d at 1082; People vJackson, 114 AD3d 807, 807-808 [2014]). Furthermore, the defendantacknowledged that she had discussed the plea with her attorney, that she had consultedwith her attorney regarding all of her options and potential defenses, and that she wassatisfied with her attorney's representation (see People v Addeo, 224 AD2d 539[1996]; People v Tuttle, 141 AD2d 584, 585 [1988]). The record as a wholeaffirmatively demonstrates that the defendant entered her plea of guilty knowingly,voluntarily, and intelligently (see People v Conceicao, 26 NY3d 375, 382-383 [2015];People v Harris, 61 NY2d 9, 19-20 [1983]; People v May, 138 AD3d 1146 [2016]).
The defendant's valid waiver of her right to appeal precludes appellate review of her[*2]contention that the sentence imposed was excessive(see People v Seaberg, 74 NY2d at 9). Dillon, J.P., Hall, Sgroi, Miller andBrathwaite Nelson, JJ., concur.