People v Oquendo

People v Oquendo 2007 NY Slip Op 02144 [38 AD3d 686] March 13, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Lenny Oquendo, Appellant.

—[*1] Anthony N. Iannarelli, Jr., New York, N.Y., for appellant.

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

Appeals by the defendant from two judgments of the County Court, Orange County (DeRosa, J.), both rendered June 30, 2005, convicting him of attempted assault in the second degree and attempted criminal possession of a controlled substance in the fifth degree under indictment No. 04-819, and bail jumping in the second degree under Superior Court information No. 05-431, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant's claim that his pleas were not knowing, voluntary, or intelligent is unpreserved for appellate review because the defendant did not move to withdraw his pleas before the court of first instance (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]). In any event, his pleas of guilty were knowingly, intelligently, and voluntarily entered (see People v Garcia, 92 NY2d 869, 871 [1998]; People v Harris, 61 NY2d 9, 17 [1983]).

The defendant's valid waiver of his right to appeal forecloses review of his claim that the sentences imposed are excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Patterson, 36 AD3d 832 [2007]).

The defendant's remaining contentions are without merit. Mastro, J.P., Rivera, Dillon and Carni, JJ., concur.