People v. Hemion

• Citation: 828 N.Y.S.2d 815,37 A.D.3d 616,2007 NY Slip Op 01317
• Decision Date: 13 February 2007
• Docket Number: 2006-03752.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS HEMION, Appellant.
• Court: New York Supreme Court Appellate Division

37 A.D.3d 616

828 N.Y.S.2d 815

2007 NY Slip Op 01317

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS HEMION, Appellant.

2006-03752.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2007.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 11, 2006, convicting him of operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the plea was not knowing, intelligent, and voluntary is unpreserved for appellate review since he did not move to withdraw his plea on this ground (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Velazquez, 21 AD3d 388 [2005]).

The defendant's valid and unrestricted written waiver of the right to appeal, as part of his plea agreement, precludes appellate review of his claim that the sentence imposed was excessive (see People v Ramos, 21 AD3d 1125 [2005], affd 7 NY3d 737 [2006]; cf. People v Seaberg, 74 NY2d 1, 9 [1989]).

Rivera, J.P., Spolzino, Fisher, Lifson and Dickerson, JJ., concur.