| People v McClenic |
| 2017 NY Slip Op 08393 [155 AD3d 1064] |
| November 29, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Daryle D. McClenic, Appellant. |
Marianne Karas, Thornwood, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Tammy J. Smiley of counsel; Matthew C.Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz,J.), rendered March 14, 2016, convicting him of criminal sale of a controlled substance in thefifth degree and reckless endangerment in the first degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
Although a claim that a plea of guilty was not knowing, voluntary, and intelligent survives avalid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; see also People v Broccoli, 152 AD3d536, 536 [2017]; People v May,138 AD3d 1146, 1146 [2016]), the defendant failed to preserve for appellate review hiscontention that his plea of guilty was not knowing, voluntary, or intelligent, since he did notmove to withdraw his plea on this ground prior to the imposition of sentence (see People vMay, 138 AD3d at 1146; People vJackson, 114 AD3d 807, 807 [2014]; People v Bolton, 63 AD3d 1087 [2009]). In any event, the recorddemonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered. Eng,P.J., Rivera, Roman and Connolly, JJ., concur.