| People v Morris |
| 2018 NY Slip Op 03178 [161 AD3d 1219] |
| May 3, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Quron Morris, Appellant. |
Barrett D. Mack, Albany, for appellant.
P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), forrespondent.
McCarthy, J.P. Appeal from a judgment of the Supreme Court (Breslin, J.), rendered October8, 2015 in Albany County, convicting defendant upon his plea of guilty of the crime of attemptedcriminal possession of a controlled substance in the third degree.
In satisfaction of a four-count indictment and in exchange for assurance that he would besentenced to no more than seven years in prison and three years of postrelease supervision,defendant waived his right to appeal and pleaded guilty to one count of attempted criminalpossession of a controlled substance in the third degree. Supreme Court sentenced defendant, as asecond felony offender, to the maximum prison term of seven years, to be followed by threeyears of postrelease supervision. Defendant appeals.
We affirm. Defendant initially contends that the indictment must be dismissed because it wasnot signed by the grand jury foreperson as required by CPL 200.50 (8). However, becausedefendant did not move to dismiss the indictment and waived his right to appeal as part of hisplea, this issue "is unpreserved and is reviewable as of right only if the missing signature rendersthe indictment jurisdictionally defective" (People v Brown, 17 AD3d 869, 870 [2005] [internal quotationmarks and citation omitted]; see People v Iannone, 45 NY2d 589, 600 [1978]). Therecord reveals that the face of the indictment is signed by the presenting Assistant DistrictAttorney, and the accompanying backers for each count of the indictment are signed by both theAssistant District Attorney and the grand jury foreperson. "Viewing these documents together asintegral parts of the whole" (People vStriplin, 48 AD3d 878, 879 [2008], lv denied 10 NY3d 871 [2008]), we aresatisfied that the requirements of CPL 200.50 (8) have been met (see People v [*2]Broomfield, 128 AD3d 1271, 1272 [2015], lvdenied 26 NY3d 1086 [2015]; People v Burch, 97 AD3d 987, 988 [2012], lv denied 19NY3d 1101 [2012]; People v Brown, 17 AD3d at 870).
Defendant also claims that his plea was not knowing, intelligent and voluntary becauseSupreme Court did not advise him that his driving privileges would be temporarily suspended aspart of his sentence (see Vehicle and Traffic Law § 510 [2] [b] [v]).Although this argument survives his appeal waiver, it is unpreserved for our review absent recordevidence of an appropriate postallocution motion (see People v Shaw, 157 AD3d 1138, 1140 [2018]; People v Sumter, 157 AD3d 1125,1125 [2018]). Were we to reach this issue, we would find it unavailing inasmuch as "thesuspension of his driver's license was a collateral consequence of [his] guilty plea and the failureto disclose this consequence during the plea colloquy [would] not warrant vacatur of the plea"(People v Williams, 150 AD3d1549, 1551 [2017]; see People vPeque, 22 NY3d 168, 185 [2013]). Finally, defendant's claim that the sentence imposedis harsh and excessive is foreclosed by his unchallenged appeal waiver (see People v Dorsey, 148 AD3d1352, 1352 [2017], lv denied 29 NY3d 1031 [2017]; People v Smalls, 128 AD3d 1281,1282 [2015], lv denied 27 NY3d 1006 [2016]).
Devine, Mulvey, Aarons and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.