PEOPLE v. VARGHESE (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Howard E. Sturim, J.), rendered March 3, 2021, convicting him of aggravated driving while intoxicated in violation of Vehicle and Traffic Law § 1192(2–a)(b), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

As the defendant's challenge to the voluntariness of his plea survives even a valid waiver of the right to appeal, we need not determine whether the defendant's waiver of the right to appeal was invalid (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022;  People v. Lee, 225 A.D.3d 788, 788, 205 N.Y.S.3d 494;  People v. Potter, 191 A.D.3d 903, 903–904, 138 N.Y.S.3d 878;  People v. Ross, 172 A.D.3d 1409, 1410, 98 N.Y.S.3d 909).

The defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, or intelligent, since he failed to move to withdraw his plea or otherwise raise the issue before the Supreme Court (see People v. Williams, 27 N.Y.3d 212, 214, 32 N.Y.S.3d 17, 51 N.E.3d 528;  People v. Tyrell, 22 N.Y.3d 359, 364, 981 N.Y.S.2d 336, 4 N.E.3d 346;  People v. Lee, 225 A.D.3d at 788–789, 205 N.Y.S.3d 494).  Moreover, the narrow exception to the preservation requirement does not apply in this case (see People v. Williams, 27 N.Y.3d at 214, 32 N.Y.S.3d 17, 51 N.E.3d 528;  People v. Lee, 225 A.D.3d at 788–789, 205 N.Y.S.3d 494;  People v. Morris, 200 A.D.3d 995, 996, 158 N.Y.S.3d 253).  In any event, the record demonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered (see People v. Potter, 191 A.D.3d at 904, 138 N.Y.S.3d 878;  People v. Mack, 168 A.D.3d 1100, 1101–1102, 92 N.Y.S.3d 404).

BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LOVE, JJ., concur.