People v. Strongminton

• Decision Date: 06 February 2019
• Docket Number: 2015–12164,Ind. No. 14–01331
• Citation: 91 N.Y.S.3d 710 (Mem),169 A.D.3d 723
• Parties: The PEOPLE, etc., Respondent, v. Jarrell STRONGMINTON, Also Known as Jarrell Strong–Minton, Also Known as Jarrell Strong Minton, Appellant.
• Court: New York Supreme Court — Appellate Division

169 A.D.3d 723

91 N.Y.S.3d 710 (Mem)

The PEOPLE, etc., Respondent,

v.Jarrell STRONGMINTON, Also Known as Jarrell Strong–Minton, Also Known as Jarrell Strong Minton, Appellant.

2015–12164

Ind. No. 14–01331

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

Submitted—October 25, 2018

February 6, 2019

Leonard J. Levenson, New York, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel; Sara M. Moriarty on the brief), for respondent.

REINALDO E. RIVERA, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Ann E. Minihan, J.), rendered October 20, 2015, 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 People's contention, the defendant's argument involving his plea of guilty is not barred by his valid waiver of his right to appeal. A contention that a plea of guilty was not knowing, voluntary, and intelligent survives a valid waiver of the right to appeal (see generally People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Bryant, 159 A.D.3d 715, 716, 69 N.Y.S.3d 496 ).

The defendant's contention is, however, unpreserved for appellate review, since he failed to move to withdraw the plea before sentencing (see People v. McClenic, 155 A.D.3d 1064, 64 N.Y.S.3d 554 ). 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. 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 ).

RIVERA, J.P., ROMAN, COHEN and HINDS–RADIX, JJ., concur.