| People v Flinn |
| 2020 NY Slip Op 06808 [188 AD3d 1093] |
| November 18, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Daniel Flinn, Appellant. |
Matthew Muraskin, Port Jefferson, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Thomas C. Costello and Glenn Green ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Timothy P.Mazzei, J.), rendered March 12, 2018, convicting him of robbery in the first degree (two counts),upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligentis unpreserved for appellate review, since he did not move to withdraw the plea (see People vLopez, 71 NY2d 662, 665 [1988]). In any event, contrary to the defendant's contention, hewas adequately advised of the constitutional rights he was forfeiting by pleading guilty (seeBoykin v Alabama, 395 US 238, 243 [1969]), and the record affirmatively demonstrates thedefendant's understanding and waiver of these rights (People v Sherman, 177 AD3d 777, 779 [2019]). Contrary to thedefendant's further contention, the facts to which the defendant admitted at the plea proceedingdid not cast significant doubt on his guilt, negate an essential element of the crime, or call intoquestion the voluntariness of the plea (see id.; People v Ospina, 175 AD3d 513 [2019]). To the extent that thedefendant raises contentions regarding the factual sufficiency of the plea that do not implicate theknowing and voluntary nature of the plea, those contentions are waived by the defendant's validwaiver of his right to appeal (see Peoplev Ringler, 178 AD3d 959, 959-960 [2019]). Balkin, J.P., Roman, Barros andChristopher, JJ., concur.