People v. Ball

• Decision Date: 03 June 2015
• Docket Number: 2014-03188
• Citation: 8 N.Y.S.3d 919 (Mem),2015 N.Y. Slip Op. 04658,129 A.D.3d 739
• Parties: The PEOPLE, etc., respondent, v. Enley BALL, appellant.
• Court: New York Supreme Court — Appellate Division

129 A.D.3d 739
8 N.Y.S.3d 919 (Mem)
2015 N.Y. Slip Op. 04658

The PEOPLE, etc., respondent
v.
Enley BALL, appellant.

2014-03188

Supreme Court, Appellate Division, Second Department, New York.

June 3, 2015.

Steven A. Feldman, Uniondale, N.Y., for appellant.

Madeline Singas, Acting District Attorney, Mineola, N.Y. (Kevin C. King and Annette M. Lalic of counsel), for respondent.

Opinion

129 A.D.3d 739

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered February 19, 2014, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty was knowingly, voluntarily, and intelligently entered (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). The defendant's contentions that he did not have sufficient time to confer with his attorney, and that he did not understand the sentence he would receive as part of the plea bargain, were

129 A.D.3d 740

contradictedby

8 N.Y.S.3d 920

the thorough plea colloquy (see People v. Krasso, 72 A.D.3d 554, 898 N.Y.S.2d 843 ; People v. Wiedmer, 71 A.D.3d 1067, 896 N.Y.S.2d 686 ).

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Contreras, 123 A.D.3d 1139, 997 N.Y.S.2d 632 ; People v. Brown, 122 A.D.3d 133, 144–145, 992 N.Y.S.2d 297 ).

RIVERA, J.P., DICKERSON, COHEN and BARROS, JJ., concur.