People v. Powell

• Decision Date: 26 June 2000
• Citation: 711 N.Y.S.2d 889,273 A.D.2d 483
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JOHN POWELL, Appellant.
• Court: New York Supreme Court — Appellate Division

273 A.D.2d 483

711 N.Y.S.2d 889

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.JOHN POWELL, Appellant.

Decided June 26, 2000.

Ritter, J.P., Santucci, Altman and Schmidt, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he voluntarily, knowingly, and intelligently waived his right to appeal (see, People v Seaberg, 74 NY2d 1). His waiver precludes appellate review of the issues he raises regarding the sentence imposed (see, People v Hidalgo, 91 NY2d 733).

The defendant's waiver does not encompass his challenge to the voluntariness of his plea (see, People v Seaberg, supra). However, that contention is unpreserved for appellate review because the defendant never moved to withdraw his plea or vacate the judgment (see, People v Lopez, 71 NY2d 662; People v Higgs, 266 AD2d 233; People v Graham, 261 AD2d 414). In any event, the record demonstrates that the plea was entered voluntarily, knowingly, and intelligently (see, People v Standley, 269 AD2d 614).