Opinion
772 KA 19-01962
11-13-2020
The PEOPLE of the State of New York, Respondent, v. Andre L. INGRAM, Defendant–Appellant.
TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT.
TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT.
PRESENT: SMITH, J.P., NEMOYER, CURRAN, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree ( Penal Law §§ 110.00, 220.16 [1] ), defendant contends that his guilty plea was the result of undue coercion by the court. Defendant failed to raise that contention in his motion to withdraw his guilty plea and failed to move to vacate the judgment of conviction on that ground. Thus, he failed to preserve that contention for our review (see People v. Bellamy , 170 A.D.3d 1652, 1653, 94 N.Y.S.3d 909 [4th Dept. 2019] ; People v. Carlisle , 50 A.D.3d 1451, 1452, 856 N.Y.S.2d 410 [4th Dept. 2008], lv denied 10 N.Y.3d 957, 863 N.Y.S.2d 141, 893 N.E.2d 447 [2008] ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c] ).
Defendant's further contention that he was denied effective assistance of counsel does not survive his plea of guilty because he "failed to demonstrate that the plea bargaining process was infected by [the] allegedly ineffective assistance or that he entered the plea because of his attorney['s] allegedly poor performance" ( Bellamy , 170 A.D.3d at 1653, 94 N.Y.S.3d 909 [internal quotation marks omitted] ).