| People v Lew |
| 2018 NY Slip Op 06596 [165 AD3d 1322] |
| October 4, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Gordan Lew, Appellant. |
Tracy E. Steeves, Kingston, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered April 12, 2016, convicting defendant upon his plea of guilty of the crimes of aggravatedunlicensed operation of a motor vehicle in the first degree and driving while ability impaired bythe combined influence of alcohol and drugs.
Defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle in the firstdegree and driving while ability impaired by the combined influence of alcohol and drugs andwaived his right to appeal. County Court thereafter imposed the agreed-upon aggregate sentenceof 1 to 3 years in prison. Defendant now appeals.
We affirm. Defendant knowingly, intelligently and voluntarily waived the right to appeal hisconviction and sentence (see People vLopez, 6 NY3d 248, 256-257 [2006]; People v Royal, 161 AD3d 1217, 1217 [2018]). Defendant'schallenge to the severity of his sentence is precluded by his valid appeal waiver (see People v Quinones, 160 AD3d1304, 1305 [2018], lv denied 31 NY3d 1152 [2018]; People v Rutigliano, 159 AD3d1280, 1280 [2018], lv denied 31 NY3d 1121 [2018]). As to defendant's claim ofineffective assistance of counsel, his "challenges to counsel's motion practice and discoveryefforts were forfeited by his guilty plea" (People v Trombley, 91 AD3d 1197, 1201 [2012], lv denied21 NY3d 914 [2013]; see People vWard, 161 AD3d 1488, 1489 [2018], lv denied 32 NY3d 942 [2018]).
Garry, P.J., Lynch, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.