People v. Lofton

• Decision Date: 26 March 2014
• Citation: 115 A.D.3d 989,2014 N.Y. Slip Op. 02082,982 N.Y.S.2d 587
• Parties: The PEOPLE, etc., respondent, v. Christopher LOFTON, appellant.
• Court: New York Supreme Court — Appellate Division

115 A.D.3d 989

982 N.Y.S.2d 587

2014 N.Y. Slip Op. 02082

The PEOPLE, etc., respondent,

v.Christopher LOFTON, appellant.

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

March 26, 2014.

Matthew Muraskin, Port Jefferson, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Cristin N. Connell of counsel), for respondent.

REINALDO E. RIVERA, J.P., PLUMMER E. LOTT, SHERI S. ROMAN, and SYLVIA O. HINDS–RADIX, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Gulotta, Jr., J.), rendered March 4, 2013, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal ( see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022;People v. Persaud, 109 A.D.3d 626, 626, 970 N.Y.S.2d 324), the defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review because he did not move to withdraw his plea of guilty prior to the imposition of sentence ( see People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668;People v. Gazader, 51 A.D.3d 1036, 1037, 857 N.Y.S.2d 504). In any event, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v. Garcia, 92 N.Y.2d 869, 870, 677 N.Y.S.2d 772, 700 N.E.2d 311;People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646). Contrary to the defendant's contention, the record reflects that he was properly apprised of the prison sentence he was agreeing to as part of the plea agreement ( see People...