| People v Smith |
| 2017 NY Slip Op 00326 [146 AD3d 904] |
| January 18, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Christopher Smith, Appellant. |
Mark Diamond, New York, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer andSteven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Capeci, J.), rendered September 23, 2015, convicting him of criminal possession of aforged instrument in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly,voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d337 [2015]). The defendant's valid waiver of his right to appeal forecloses appellatereview of his challenge to the factual sufficiency of his plea allocution (see People v Thompson, 143AD3d 1007 [2016]; Peoplev Pinero, 138 AD3d 763, 764 [2016]; People v Devodier, 102 AD3d 884 [2013]).
The defendant's contention that his plea was not knowing, voluntary, and intelligentsurvives his valid appeal waiver (see People v Magnotta, 137 AD3d 1303 [2016]). However,the defendant failed to preserve this contention for appellate review, since he did notmove to vacate his plea or otherwise raise this issue before the County Court (seePeople v Clarke, 93 NY2d 904, 906 [1999]; People v Morgado, 144 AD3d 709, 710 [2016]). In anyevent, the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered(see People v Seeber, 4NY3d 780, 781 [2005]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]).Rivera, J.P., Chambers, Roman and Brathwaite Nelson, JJ., concur.