People v Christopher Roden

People v Roden 2006 NY Slip Op 04865 [30 AD3d 543] Decided on June 13, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 13, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA
JOSEPH COVELLO, JJ.
2005-02382 DECISION & ORDER

[*1]The People, etc., respondent,

v

Christopher Roden, appellant. (Ind. No. 00751/04)




Greg T. Rinckey, Albany, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David
R. Huey of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered March 8, 2005, convicting him of operating a motor vehicle while under the influence of drugs, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contention that his sentence was excessive (see People v Lopez, 6 NY3d 248; People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737; People v Ackerman, 11 AD3d 473). The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit (see Vehicle and Traffic Law §§ 1192[4], 1193[1][c][i]).
FLORIO, J.P., SANTUCCI, MASTRO, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court