PEOPLE v. FLOWERS (2006)

 Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39[1] ).   Contrary to the contention of defendant, the record establishes that he validly waived his right to appeal (see generally People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108).   Although the further contention of defendant that the plea of guilty was not voluntarily entered survives his waiver of the right to appeal, defendant failed to move to withdraw his plea of guilty or to vacate the judgment of conviction and thus failed to preserve that contention for our review (see People v. Landers, 28 A.D.3d 1072, 813 N.Y.S.2d 337;  People v. DeJesus, 248 A.D.2d 1023, 670 N.Y.S.2d 140, lv. denied 92 N.Y.2d 878, 678 N.Y.S.2d 26, 700 N.E.2d 564).   In any event, that contention lacks merit.   The waiver by defendant of the right to appeal encompasses his challenge to County Court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754), his contention that he was denied his right to testify before the grand jury (see People v. Nesbett, 255 A.D.2d 950, 682 N.Y.S.2d 324), and his challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: