| People v Moye |
| 2019 NY Slip Op 02357 [170 AD3d 1198] |
| March 27, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Charles Moye, Appellant. |
Del Atwell, East Hampton, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Brian R. Pouliot and WilliamC. Milaccio of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (BarbaraGunther Zambelli, J.), rendered June 20, 2017, convicting him of grand larceny in the thirddegree (two counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of his claimthat the procedure used to adjudicate him a second felony offender was defective (see People v Ovalles, 161 AD3d1107, 1108 [2018]; People vThomas, 148 AD3d 734, 734 [2017]; People v Hicks, 134 AD3d 854, 854 [2015]).
Although the defendant's contention concerning the voluntariness of his plea survives hisappeal waiver (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Molina, 146 AD3d 815,815 [2017]; People v Camarda, 138AD3d 884, 885 [2016]), the issue is unpreserved for appellate review because the defendantdid not move to vacate his plea or otherwise raise the issue in the County Court (see CPL220.60; People v Peque, 22 NY3d168, 182 [2013]; People v Clarke, 93 NY2d 904, 906 [1999]; People v Bautista, 138 AD3d 754,754 [2016]; People v Scott, 39AD3d 570, 571 [2007]). In any event, the contention is without merit, as the recorddemonstrates that the plea of guilty was knowing, voluntary, and intelligent (see People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Douglas, 148 AD3d 822, 823 [2017]; People v DeBenedetto, 120 AD3d1428, 1429 [2014]; People vMartinez, 33 AD3d 631, 632 [2006]; People v Bevins, 27 AD3d 572, 573 [2006]). Rivera, J.P., Cohen,Miller and Barros, JJ., concur.