| People v Gavidia |
| 2017 NY Slip Op 04858 [151 AD3d 883] |
| June 14, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jose Gavidia, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Marion M. Tang of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered May 1, 2015, convicting him of driving while intoxicated, aggravated unlicensedoperation of a motor vehicle in the first degree (two counts), unauthorized use of a vehicle in thethird degree, criminal possession of a controlled substance in the seventh degree, and operating amotor vehicle without an ignition interlock device, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowing, voluntary, or intelligentbecause the County Court failed to properly advise him of all his constitutional rights underBoykin v Alabama (395 US 238 [1969]). Although this contention survives thedefendant's valid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10[1989]; People v Thomas, 148AD3d 734 [2017]; People vMay, 138 AD3d 1146 [2016]), it is unpreserved for appellate review, since thedefendant failed to move to vacate his plea prior to the imposition of sentence or otherwise raisethe issue in the County Court, although he had ample time to do so (see CPL 470.05 [2];People v Conceicao, 26 NY3d375, 382 [2015]; People vThomas, 148 AD3d 734 [2017]; People v Picart, 145 AD3d 742 [2016]; People v Joseph, 142 AD3d 627,628 [2016]). We decline to review this issue in the exercise of our interest of justice jurisdiction(see People v Thomas, 148 AD3d734 [2017]). Rivera, J.P., Leventhal, Austin and Cohen, JJ., concur.