Opinion
2002-05366
Argued February 27, 2003.
March 17, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered May 14, 2001, convicting him of assault in the first degree (two counts), assault in the second degree, and reckless endangerment in the first degree (two counts), upon his plea of guilty, and imposing sentence.
Joel A. Brenner, East Northport, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Seaberg, 74 N.Y.2d 1, 11). Although appellate review of the defendant's contention regarding the voluntariness of his plea is not precluded by this valid waiver (see People v. Callahan, 80 N.Y.2d 273, 280; People v. Seaberg, supra at 9; People v. Powell, 273 A.D.2d 483), his claims in this respect are unpreserved for appellate review, as he never moved to withdraw his plea or to vacate the judgment of conviction (see People v. Harrell, 288 A.D.2d 489; People v. Sierra, 256 A.D.2d 598). Similarly, the defendant's contentions with respect to errors at sentencing (see People v. Wilson, 296 A.D.2d 430, lv denied 99 N.Y.2d 540; People v. Brown, 280 A.D.2d 485; People v. Noboa, 280 A.D.2d 558), and his claim that he was denied the effective assistance of counsel (see People v. Konstantinides, 295 A.D.2d 537, 538-539, lv denied 98 N.Y.2d 769; People v. Rowe, 277 A.D.2d 403; People v. Ruffino, 270 A.D.2d 365), are unpreserved for appellate review.
The defendant's contention that the sentencing court failed to impose a sentence on each count to which he pleaded guilty is factually incorrect.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.