People v. Willis

Summary

The Appellate Division, Second Department, affirmed two judgments convicting Jerod F. Willis of controlled-substance offenses following guilty pleas. The court held that his challenge to the validity of one plea was unpreserved, that his appellate-rights waiver was valid, and that the sentences were not excessive.

Holdings

1. A defendant's challenge to the validity of a guilty plea is unpreserved where the defendant neither moves to withdraw the plea nor otherwise objects to its entry before sentencing.
2. The guilty plea under Indictment No. 37/23 was knowingly, voluntarily, and intelligently entered.
3. The defendant validly waived his right to appeal under Indictment No. 37/23.
4. The defendant's valid waiver of the right to appeal precluded appellate review of his claim that the sentence imposed under Indictment No. 37/23 was excessive.
5. The sentence imposed under Superior Court Information No. 125/21 was not excessive.

Questions Presented

1. Whether the defendant's challenge to the validity of his guilty plea under Indictment No. 37/23 was preserved for appellate review.
2. Whether the guilty plea under Indictment No. 37/23 was knowingly, voluntarily, and intelligently entered.
3. Whether the defendant validly waived his right to appeal under Indictment No. 37/23.
4. Whether the sentence imposed under Indictment No. 37/23 was excessive despite the appellate waiver.
5. Whether the sentence imposed under Superior Court Information No. 125/21 was excessive.

Disposition

affirmed