McCARTHY, J.
Timothy S. Brennan, Schenectady for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: PETERS, P.J., McCARTHY, EGAN JR., LYNCH and DEVINE, JJ.
Opinion
McCARTHY, J.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered January 8, 2014, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
Defendant pleaded guilty to the reduced charge of attempted criminal possession of a controlled substance in the third degree in full satisfaction of a four-count indictment pursuant to a plea agreement that included a waiver of the right to appeal. Consistent with the agreement, County Court thereafter sentenced defendant, as a second felony offender, to six years in prison to be followed by 2 ½ years of postrelease supervision. Defendant appeals.
We affirm. Initially, we reject defendant's challenge to the validity of his appeal waiver, as the plea colloquy and the written waiver executed in open court demonstrate that he knowingly,
intelligently and voluntarily waived the right to appeal his conviction and sentence (
see
People v. Crispell, 136 A.D.3d 1121, 1122,
24 N.Y.S.3d 454 [2016] ;
People v. Donah, 127 A.D.3d 1413, 1413,
5 N.Y.S.3d 736 [2015] ). Defendant's valid waiver of the right to appeal precludes his claim that his sentence is harsh and excessive (
see
People v. Clark, 135 A.D.3d 1239, 1240,
23 N.Y.S.3d 481 [2016],
lv. denied
27 N.Y.3d 995, ––– N.Y.S.3d ––––, –––N.E.3d –––– [2016] ;
People v. Clapper, 133 A.D.3d 1037, 1038,
20 N.Y.S.3d 452 [2015],
lv. denied
27 N.Y.3d 995, ––– N.Y.S.3d ––––, –––N.E.3d –––– [2016] ).
Defendant's claims that his guilty plea was not knowingly, intelligently and voluntarily entered and that he was denied the effective assistance of counsel are unpreserved for our review, as the record does not indicate that he made an appropriate postallocution motion (see People v. Almeida, 127 A.D.3d 1499, 1500, 7 N.Y.S.3d 696 [2015], lv. denied 26 N.Y.3d 1006, 20 N.Y.S.3d 547, 42 N.E.3d 217 [2015] ; People
v. Vandemark,
117 A.D.3d 1339, 1340,
986 N.Y.S.2d 684 [2014],
lv. denied
24 N.Y.3d 965,
996 N.Y.S.2d 224,
20 N.E.3d 1004 [2014] ). Regarding the plea, the narrow exception to the preservation rule is inapplicable, inasmuch as defendant did not make any statements during the plea allocution that negated a material element of the crime or otherwise cast doubt upon his guilt (
see
People v. Atkinson, 124 A.D.3d 1149, 1150,
2 N.Y.S.3d 687 [2015],
lv. denied
25 N.Y.3d 949,
7 N.Y.S.3d 278,
30 N.E.3d 169 [2015] ;
People v. Lewis, 118 A.D.3d 1125, 1125–1126,
987 N.Y.S.2d 250 [2014],
lv. denied
24 N.Y.3d 1003,
997 N.Y.S.2d 121,
21 N.E.3d 573 [2014] ).
ORDERED that the judgment is affirmed.
PETERS, P.J., EGAN JR., LYNCH and DEVINE, JJ., concur.