| People v Melvin |
| 2018 NY Slip Op 07330 [165 AD3d 1291] |
| October 31, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Earl O. Melvin, Also Known as "Bugs,"Appellant. |
John P. Savoca, Yorktown, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (CraigStephen Brown, J.), rendered December 15, 2016, convicting him of operating as a majortrafficker, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, his waiver of the right to appeal was knowing,voluntary, and intelligent (see People vSanders, 25 NY3d 337, 341 [2015]; People v Ramos, 7 NY3d 737, 738 [2006]; People v Palladino, 140 AD3d1194, 1195 [2016]). The defendant's valid waiver of his right to appeal precludes review ofhis contention that the sentence imposed was excessive (see People v Palladino, 140AD3d at 1195; People v Magnotta,137 AD3d 1303, 1303 [2016]).
The defendant's contention that his plea of guilty was not knowingly, intelligently, andvoluntarily made survives his valid appeal waiver (see People v Magnotta, 137 AD3d at1303; People v Fontanet, 126 AD3d723, 723 [2015]). However, the defendant failed to preserve this contention for appellatereview since he did not move to withdraw his plea or otherwise raise this issue before the CountyCourt (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Pollidore, 123 AD3d1058, 1058 [2014]). In any event, the defendant's plea of guilty was knowing, intelligent,and voluntary (see People v Molina,146 AD3d 815, 815 [2017]; People v Magnotta, 137 AD3d at 1303). Contrary to thedefendant's contention, the record of the plea proceeding reveals that the court adequatelyadvised him of the constitutional rights forfeited by his plea of guilty (see People vMagnotta, 137 AD3d at 1303; People v Pollidore, 123 AD3d at 1058). Moreover, thedefendant acknowledged that he had a full and fair opportunity to discuss with his attorney theplea, the rights he was waiving, and any legal defenses he might have to the charges, and that hewas satisfied with his attorney's representation (see People v Molina, 146 AD3d at 815;People v Khan, 201 AD2d 586, 587 [1994]). Scheinkman, P.J., Dillon, Cohen andChristopher, JJ., concur.