| People v Scott |
| 2018 NY Slip Op 07334 [165 AD3d 1295] |
| October 31, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Calvin Scott, Appellant. |
Salvatore C. Adamo, New York, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (MartinEfman, J.), rendered December 17, 2015, as amended by a judgment of the same court renderedApril 5, 2016, convicting him of criminal possession of a controlled substance in the first degreeand conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d337, 341 [2015]; People vLopez, 6 NY3d 248, 254 [2006]; People v Coachman, 154 AD3d 957, 957 [2017]).
The defendant's contention that his plea was not knowing, voluntary, and intelligent surviveshis valid appeal waiver (see People vFontanet, 126 AD3d 723 [2015]). However, the defendant's contention is unpreservedfor appellate review, since he did not move to withdraw the plea or otherwise raise this issuebefore the Supreme Court (see People vEllis, 142 AD3d 509, 510 [2016]; People v Gomez, 114 AD3d 701, 701 [2014]). In any event, thiscontention is without merit.
The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that he was deprived of the effective assistance of counsel, since it does not relate tothe voluntariness of his plea (see Peoplev Appling, 94 AD3d 1135, 1136 [2012]).
The defendant's valid waiver of his right to appeal also precludes appellate review of hiscontention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 256;People v Joseph, 142 AD3d627, 628 [2016]). Austin, J.P., Roman, Duffy and Christopher, JJ., concur.