| People v Wilson |
| 2019 NY Slip Op 00319 [168 AD3d 889] |
| January 16, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Scott K. Wilson, Appellant. |
Steven A. Feldman, Uniondale, 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 County Court, Suffolk County (Mark D.Cohen, J.), rendered July 14, 2016, convicting him of criminal possession of a controlledsubstance in the third degree and attempted criminal possession of a weapon in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly,voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 341-342 [2015]; People v Lopez, 6 NY3d 248,256-257 [2006]).
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligentsurvives his valid waiver of the right to appeal (see People v Bird, 164 AD3d 1357 [2018]; People v Magnotta, 137 AD3d1303 [2016]). However, the defendant failed to preserve this contention for appellate review,since he did not move to vacate his plea or otherwise raise this issue before the County Court (see People v Ramos, 164 AD3d922 [2018]; People v Pollidore,123 AD3d 1058, 1059 [2014]). In any event, the record reflects that the defendant's plea ofguilty was knowingly, voluntarily, and intelligently entered (see People v Seeber, 4 NY3d 780, 781 [2005]; People vFiumefreddo, 82 NY2d 536, 543 [1993]).
The defendant's valid waiver of the right to appeal precludes appellate review of hiscontention regarding the mandatory surcharge (see People v Moore, 152 AD3d 1088 [2017]; People v Cota, 136 AD3d 1116,1117 [2016]; People v Morales, 119AD3d 1082, 1084 [2014]; People vJohnson, 60 AD3d 1496, 1497 [2009]).
The defendant's remaining contentions are without merit. Rivera, J.P., Chambers, Cohen andBarros, JJ., concur.