PEOPLE v. ROCK (2008)

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 25, 2008, convicting defendant upon his plea of guilty of the crime of reckless endangerment in the first degree.

 Defendant entered an Alford plea of guilty to reckless endangerment in the first degree and was sentenced to 1 to 3 years in prison.   He now contends that his plea was involuntary, and that the record does not contain sufficient proof of guilt.   However, those arguments are unpreserved because he did not move to withdraw his plea or vacate the judgment of conviction (see People v. Lopez, 33 A.D.3d 1062, 1062, 822 N.Y.S.2d 658 [2006], lv. denied 8 N.Y.3d 847, 830 N.Y.S.2d 706, 862 N.E.2d 798 [2007];  People v. Tausinger, 21 A.D.3d 1181, 1182, 801 N.Y.S.2d 106 [2005] ).   In any event, were we to review the merits, we would find that the plea was voluntary inasmuch as County Court ensured that defendant discussed the plea with his counsel, understood the ramifications of pleading guilty, and entered the plea for acceptable reasons (see People v. Washington, 51 A.D.3d 1223, 1224, 858 N.Y.S.2d 434 [2008];  People v. Cash, 19 A.D.3d 934, 935, 797 N.Y.S.2d 628 [2005], lv. denied 5 N.Y.3d 804, 803 N.Y.S.2d 33, 836 N.E.2d 1156 [2005] ).   We would further find that the court's review of the grand jury minutes prior to defendant's plea established a basis for finding strong record evidence of defendant's guilt (see People v. Washington, 51 A.D.3d at 1224, 858 N.Y.S.2d 434).

 Defendant's remaining contention-that his appeal waiver was not knowing and intelligent-is rendered academic by his failure to preserve the arguments raised above.   In any event, the record reveals that defendant validly waived his appeal rights both orally during the plea colloquy and by written waiver executed therewith (see People v. Lewis, 48 A.D.3d 880, 881, 851 N.Y.S.2d 295 [2008] ).

ORDERED that the judgment is affirmed.

CARDONA, P.J.

PETERS, CARPINELLO, KAVANAGH and STEIN, JJ., concur.