| People v Haynes |
| 2021 NY Slip Op 03349 [194 AD3d 1310] |
| May 27, 2021 |
| Appellate Division, Third Department |
[*1](May 27, 2021)
| The People of the State of New York,Respondent, v Nakeem Haynes, Appellant. |
Lisa A. Burgess, Indian Lake, for appellant.
Craig P. Carriero, District Attorney, Malone (Jennifer M. Hollis of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Franklin County (Champagne,J.), rendered May 11, 2018, convicting defendant upon his plea of guilty of the crime ofattempted promoting prison contraband in the first degree.
Defendant pleaded guilty to the reduced charge of attempted promoting prison contraband inthe first degree and agreed to waive his right to appeal. He was sentenced, as a second felonyoffender, to 1
Defendant contends that the waiver of the right to appeal is invalid and that his plea was notknowing, voluntary and intelligent. Regardless of the validity of the appeal waiver, defendant'schallenge to the voluntariness of the plea survives any such waiver (see People v Thomas, 190 AD3d1157, 1159 [2021]; People vPayson, 189 AD3d 1820, 1822 [2020], lv denied 36 NY3d 1099 [2021]; People v Smith, 188 AD3d 1357,1357 [2020]). Defendant's challenge to the voluntariness of the plea, however, is unpreserved asthe record does not reflect that defendant made an appropriate postallocution motion, and areview of the plea colloquy does not demonstrate that the narrow exception to the preservationrequirement is applicable (see People vLeach, 26 NY3d 1154, 1154 [2016]; People v Smith, 188 AD3d at 1357; People v Hummel-Parker, 171 AD3d1397, 1398 [2019]; People vPeryea, 169 AD3d 1120, 1121 [2019], lv denied 33 NY3d 980 [2019]). As such,the judgment of conviction will not be disturbed.
Garry, P.J., Lynch and Colangelo, JJ., concur. Ordered that the judgment is affirmed.