| People v Bernard |
| 2017 NY Slip Op 08388 [155 AD3d 1059] |
| November 29, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Brian Bernard, Appellant. |
Matthew Muraskin, Port Jefferson, NY, for appellant.
Emily Constant, Acting District Attorney, Riverhead, NY (Edward A. Bannan of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.),rendered November 6, 2014, convicting him of robbery in the first degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The determination of a motion to withdraw a plea of guilty rests within the sound discretionof the County Court (see CPL 220.60 [3]; People v Alexander, 97 NY2d 482, 485[2002]; People v Oden, 150 AD3d1269, 1270 [2017]). Here, the County Court providently exercised its discretion in denyingthe defendant's pro se oral application, in effect, to withdraw his plea of guilty, which was madeat the time of sentencing. The record establishes that the defendant's plea was made knowingly,voluntarily, and intelligently (see Peoplev Tyrell, 22 NY3d 359, 365 [2013]; People v Haffiz, 19 NY3d 883, 885 [2012]; People v Bediako, 119 AD3d 598[2014]).
Since the only substantive argument raised on the defendant's appeal concerns thevoluntariness of his plea, which claim survives a valid waiver of the right to appeal (seePeople v Seaberg, 74 NY2d 1, 10 [1989]), we need not reach the defendant's contention thathis appeal waiver was invalid. Mastro, J.P., Chambers, LaSalle and Brathwaite Nelson, JJ.,concur.