People v. Cardona, 2017–12711
| Decision Date | 06 November 2019 |
| Docket Number | 2017–12711 |
| Parties | The PEOPLE, etc., Respondent, v. Blake C. CARDONA, Appellant. (S.C.I. No. 236/13) |
| Court | New York Supreme Court — Appellate Division |
177 A.D.3d 647
109 N.Y.S.3d 879 (Mem)
The PEOPLE, etc., Respondent,
v.
Blake C. CARDONA, Appellant.
(S.C.I. No. 236/13)
2017–12711
Supreme Court, Appellate Division, Second Department, New York.
Submitted—September 3, 2019
November 6, 2019
Salvatore C. Adamo, New York, NY, for appellant.
Robert V. Tendy, District Attorney, Carmel, N.Y. (David M. Bishop of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Putnam County (James F. Reitz, J.), rendered November 2, 2017, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Rivera, 126 A.D.3d 727, 2 N.Y.S.3d 376 ; People v. Sanders, 112 A.D.3d 748, 976 N.Y.S.2d 205, affd 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The County Court adequately explained, and the defendant acknowledged that he understood, the separate and distinct nature of the waiver of the right to appeal, and the defendant signed a written waiver which he
discussed with counsel and which adequately supplemented the oral colloquy (see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ).
While the defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent survives his valid waiver of the right to appeal, this contention is unpreserved for appellate review because he failed to move to withdraw the plea prior to sentencing (see People v. Strongminton, 169 A.D.3d 723, 91 N.Y.S.3d 710 ). In any event, the plea 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. Strongminton, 169 A.D.3d at 723, 91...
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