The People, etc., respondent, v. Darryl Coad, appellant. (2023)

Submitted—April 17, 2023

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. McDonald, J.), rendered June 20, 2019, convicting him of criminal possession of a controlled substance in the fifth degree, criminal possession of a controlled substance in the seventh degree (two counts), operating a motor vehicle while under the influence of drugs (two counts), driving while impaired by the combined influence of drugs or of alcohol and any drug or drugs, and unlawful possession of marihuana, 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, intelligent, and voluntary since he did not move to withdraw his plea on that ground or otherwise raise the issue before the Supreme Court (see CPL 470.05[2];  People v. Abbott, 203 AD3d 840, 841).  In any event, contrary to the defendant's contention, the record of the plea proceeding demonstrates that the defendant's plea was a knowing, intelligent, and voluntary choice (see People v. Goldstein, 12 NY3d 295, 301;  People v. McDonnell, 214 AD3d 826).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

BRATHWAITE NELSON, J.P., MILLER, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court