| People v Holloway |
| 2017 NY Slip Op 07457 [154 AD3d 966] |
| October 25, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Tarell Holloway, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.),rendered October 9, 2015, convicting him of grand larceny in the third degree, grand larceny inthe fourth degree, petit larceny (two counts), and resisting arrest, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, or intelligentbecause the County Court failed to properly advise him of all of his constitutional rights underBoykin v Alabama (395 US 238 [1969]) is unpreserved for appellate review, because 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 Williams, 27 NY3d212 [2016]; People vConceicao, 26 NY3d 375 [2015]; People v Gavidia, 151 AD3d 883 [2017]). We decline to reviewthis issue in the exercise of our interest of justice jurisdiction (see People v Thomas, 148 AD3d 734 [2017]). Further, thedefendant's valid waiver of his right to appeal precludes review of his claim that the sentenceimposed was excessive (see People vSanders, 25 NY3d 337 [2015]; People v Seaberg, 74 NY2d 1 [1989]). Dillon,J.P., Chambers, Cohen and Iannacci, JJ., concur.