PEOPLE v. WILSON (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Howard E. Sturim, J.), rendered September 23, 2022, convicting him of promoting prison contraband in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, and intelligent, since he did not move to withdraw his plea on this ground or otherwise raise this issue before the County Court (see CPL 470.05[2];  People v. Abbott, 203 A.D.3d 840, 841, 160 N.Y.S.3d 881).  In any event, contrary to the defendant's contention, the record affirmatively demonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered (see People v. Galicia, 231 A.D.3d 851, 852, 218 N.Y.S.3d 142;  People v. Osorio–Rivera, 191 A.D.3d 902, 138 N.Y.S.3d 390;  see generally People v. Conceicao, 26 N.Y.3d 375, 382–383, 23 N.Y.S.3d 124, 44 N.E.3d 199).

Since the defendant raises no other issues on appeal, his contentions regarding the validity of his appeal waiver are academic (see People v. Galicia, 231 A.D.3d at 852, 218 N.Y.S.3d 142).

IANNACCI, J.P., FORD, TAYLOR and MCCORMACK, JJ., concur.