| People v Price |
| 2017 NY Slip Op 04147 [150 AD3d 1153] |
| May 24, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Keyan Price, Appellant. |
Lynn W. L. Fahey, New York, NY (Barry Stendig of counsel), for appellant, and appellantpro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette M.Traill, and Nancy Fitzpatrick Talcott of counsel; Yuliya Shyrokonis on the brief), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.),rendered October 22, 2014, convicting him of attempted sex trafficking, upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly,intelligently, and voluntarily waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; cf. People v Black, 144 AD3d 935,935-936 [2016]). The defendant's valid waiver of his right to appeal precludes appellate reviewof his claim that the sentence imposed was excessive (see People v Helmus, 125 AD3d 884 [2015]; People v Farmer, 123 AD3d 735[2014]; People v Kelly, 121 AD3d713, 713 [2014]).
The defendant's challenge to the denial of his statutory speedy trial motion, raised in point Iof his pro se supplemental brief, is precluded by his valid waiver of the right to appeal (see People v Zeigler, 128 AD3d737, 738 [2015]; People vKidd, 100 AD3d 779, 779 [2012]; People v Holland, 44 AD3d 874, 874 [2007]). Moreover, bypleading guilty, the defendant forfeited his right to appellate review of the statutory speedy trialclaim (see People v Zeigler, 128 AD3d at 738; People v Franco, 104 AD3d 790, 790 [2013]; People vKidd, 100 AD3d at 779; People v Holland, 44 AD3d at 874).
The defendant's claim that his constitutional right to a speedy trial was violated, raised inpoint II of his pro se supplemental brief, survives both the entry of his plea of guilty and thewaiver of his right to appeal (see Peoplev Worthy, 138 AD3d 1042, 1043 [2016]). However, the claim is unpreserved forappellate review, since he failed to move to dismiss the indictment on that ground and raises theissue for the first time on appeal (seePeople v Card, 107 AD3d 820, 820 [2013]). In any event, as the People correctlycontend, review is precluded by the lack of an adequate record, which was the defendant's burdento provide (see People v Worthy, 138 AD3d at 1043; People v Thomas, 128 AD3d 440, 440-441 [2015]; People vCard, 107 AD3d at 820).
The defendant's contention that the Supreme Court erred in denying his motions to [*2]controvert the People's second felony offender statement, raised inpoint III of his pro se supplemental brief, is without merit. The Supreme Court properly deniedthe motions on the ground that this Court, in affirming a prior judgment convicting thedefendant, previously found the basis for the motions to be without merit (see People vPrice, 256 AD2d 596 [1998]). The defendant's contention that the Supreme Court erred indenying his motion to redact the presentence investigation report, raised in point IV of his pro sesupplemental brief, is barred by his valid waiver of the right to appeal (see People v Conley, 135 AD3d1238, 1238 [2016]; People vAbdul, 112 AD3d 644, 645 [2013]).
The defendant's nonjurisdictional claims that the indictment was factually insufficient andthat the counts were duplicitous, raised in point V of his pro se supplemental brief, are precludedfrom appellate review by his valid appeal waiver (see People v Palladino, 140 AD3d 1194, 1195 [2016]; People v Jackson, 129 AD3d 1342,1342-1343 [2015]). Rivera, J.P., Austin, Miller and Barros, JJ., concur.