People v. Adams
| Decision Date | 10 November 2009 |
| Docket Number | 2008-05070. |
| Citation | 67 A.D.3d 819,887 N.Y.S.2d 859,2009 NY Slip Op 08239 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO ADAMS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's waiver of his right to appeal does not preclude him from challenging the voluntariness of his plea (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Morrow, 48 AD3d 704, 705 [2008]). However, the defendant's contention that his plea was not knowingly and voluntarily made is unpreserved for appellate review because he never moved to withdraw his plea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Velez, 64 AD3d 799 [2009]; People v Bolton, 63 AD3d 1087 [2009]; People v Antoine, 59 AD3d 560 [2009]; People v Rufa, 57 AD3d 697 [2008]; People v Luster, 45 AD3d 866 [2007]), and we decline to review the issue in the exercise of our interest of justice jurisdiction.
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