Opinion
Submitted May 9, 2000.
July 26, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 24, 1998, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Merri Turk Lasky, and Joyce Smith of counsel; Thomas Chong on the brief), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
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 N.Y.2d 1). His waiver precludes appellate review of the issues he raises regarding the sentence imposed (see, People v. Hidalgo, 91 N.Y.2d 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 N.Y.2d 662; People v. Higgs, 266 A.D.2d 233; People v. Graham, 261 A.D.2d 414). In any event, the record demonstrates that the plea was entered voluntarily, knowingly, and intelligently (see, People v. Standley, 269 A.D.2d 614 [2d Dept., Feb. 28, 2000]).