People v. Smith

People v Smith (2022 NY Slip Op 06270) People v Smith 2022 NY Slip Op 06270 Decided on November 9, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on November 9, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department BETSY BARROS, J.P. CHERYL E. CHAMBERS JOSEPH A. ZAYAS HELEN VOUTSINAS, JJ. 2019-13193 (Ind. No. 952/18) [*1]The People of the State of New York, respondent, v Noel Smith, appellant. Steven A. Feldman, Manhasset, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered September 12, 2019, convicting him of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. Contrary to the defendant's contention, the Supreme Court's involvement in eliciting from the defendant a purported waiver of his right to appeal did not affect the knowing, voluntary, and intelligent nature of his plea of guilty (see People v Valentin, 175 AD3d 1569; see also People v Yancey, 204 AD3d 1044; People v Small, 203 AD3d 756). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). BARROS, J.P., CHAMBERS, ZAYAS and VOUTSINAS, JJ., concur. ENTER: Maria T. Fasulo Clerk of the Court