Opinion
KA 02-02822.
Decided June 14, 2004.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered August 5, 2002. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree, robbery in the second degree (three counts) and robbery in the third degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: WISNER, J.P., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of one count each of robbery in the first degree (Penal Law § 160.15) and robbery in the third degree (§ 160.05), and three counts of robbery in the second degree (§ 160.10 [2] [a]). Although the contention of defendant that his plea was not knowingly, voluntarily, and intelligently entered survives his waiver of the right to appeal, defendant did not preserve that contention for our review ( see People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 878; see also People v. Royal, 306 A.D.2d 886, 886-887, lv denied 100 N.Y.2d 624; People v. Jackson, 278 A.D.2d 875, lv denied 96 N.Y.2d 759), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).