286 A.D.2d 958 730 N.Y.S.2d 920

The People of the State of New York, Respondent, v Brett A. Phillips, Appellant.

(Appeal No. 1.)

[730 NYS2d 920]

*959—Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant’s waiver of the right to appeal was voluntary, knowing and intelligent (see, People v Callahan, 80 NY2d 273, 283; People v Debo, 234 AD2d 944, 945, lv denied 89 NY2d 984). The waiver encompasses defendant’s contention concerning the severity of the sentences (see, People v Lococo, 92 NY2d 825, 827). The challenge of defendant to the voluntariness of the pleas survives his waiver of the right to appeal (see, People v Faison, 270 AD2d 717). Defendant failed, however, to preserve that challenge for our review by moving to withdraw the pleas or to vacate the judgments of conviction (see, People v Ostrander, 136 AD2d 760, 760-761; see also, People v Faison, supra). (Appeal from Judgment of Oneida County Court, Dwyer, J. — Criminal Possession Stolen Property, 4th Degree.) Present — Green, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

People v. Phillips
286 A.D.2d 958 730 N.Y.S.2d 920

Case Details

Name
People v. Phillips
Decision Date
Sep 28, 2001
Citations

286 A.D.2d 958

730 N.Y.S.2d 920

Jurisdiction
New York

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