| People v Thomas |
| 2017 NY Slip Op 01574 [148 AD3d 734] |
| March 1, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Cynthia Thomas, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.),rendered July 10, 2015, convicting her of grand larceny in the third degree, upon her plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant validly waived her right to appeal (see People v Sanders, 25 NY3d 337 [2015]; People v Lopez, 6 NY3d 248, 254[2006]). The defendant contends that her plea of guilty was not knowing, voluntary, or intelligentbecause the County Court failed to advise her of all of her constitutional rights under Boykinv Alabama (395 US 238 [1969]). Although this contention survives her valid waiver of theright to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v May, 138 AD3d 1146,1146 [2016]), it 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 before the County Court(see CPL 470.05 [2]; People v May, 138 AD3d at 1146; People v Jackson, 114 AD3d 807,807 [2014]; People v Folger, 110AD3d 736 [2013]). We decline to review this issue in the exercise of our interest of justicejurisdiction (see People vBernardini, 142 AD3d 671 [2016]).
The defendant's contention that she was improperly adjudicated a second felony offender isprecluded by her valid appeal waiver, inasmuch as her challenge goes to the County Court'scompliance with procedures to determine the defendant's predicate felony status, rather than thelegality of the sentence itself (see Peoplev Hicks, 134 AD3d 854 [2015]). Leventhal, J.P., Roman, Sgroi and Connolly, JJ.,concur.