Opinion
2013-05-29
The PEOPLE, etc., respondent, v. Shaman IRVIN, appellant.
Mark Diamond, New York, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Laurie G. Sapakoff, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
Mark Diamond, New York, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Laurie G. Sapakoff, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendantfrom a judgment of the Supreme Court, Westchester County (Zambelli, J.), rendered September 13, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his plea was involuntarily entered, because he failed to move to vacate his plea or otherwise raise this issue before the Supreme Court ( see People v. Fernandez, 103 A.D.3d 813, 959 N.Y.S.2d 455; People v. Tuffini, 101 A.D.3d 1053, 955 N.Y.S.2d 523,lv. denied20 N.Y.3d 1104, –––N.Y.S.2d ––––, ––– N.E.2d ––––). In any event, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Fernandez, 103 A.D.3d at 814, 959 N.Y.S.2d 455).