| People v Gill |
| 2017 NY Slip Op 03393 [149 AD3d 1597] |
| April 28, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Robert G.Gill, Appellant. |
Charles T. Noce, Conflict Defender, Rochester (Kimberly J. Czapranski of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Vincent M. Dinolfo, J.), renderedAugust 2, 2012. The judgment convicted defendant, upon his plea of guilty, of assault in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofassault in the second degree (Penal Law § 120.05 [1]). Contrary to defendant'scontention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Fontaine, 144 AD3d1658, 1658 [2016]). Although defendant's contention that his guilty plea was not knowing,voluntary, and intelligent survives the valid waiver of the right to appeal, defendant failed topreserve that contention for our review inasmuch as he failed to move to withdraw the plea or tovacate the judgment of conviction (seePeople v Bizardi, 130 AD3d 1492, 1492 [2015], lv denied 27 NY3d 992[2016]). This case does not fall within the rare exception to the preservation rule set forth inPeople v Lopez (71 NY2d 662, 666 [1988]), "inasmuch as nothing in the plea colloquycasts significant doubt on defendant's guilt or the voluntariness of the plea" (People v Lewandowski, 82 AD3d1602, 1602 [2011]; see Lopez, 71 NY2d at 666; Bizardi, 130 AD3d at 1492).Present—Centra, J.P., Lindley, DeJoseph, NeMoyer and Scudder, JJ.