Opinion
2000-11204
Submitted March 25, 2003.
April 14, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered August 2, 2000, convicting him of criminal sale of a controlled substance in the second degree (two counts), criminal sale of a controlled substance in the third degree (three counts), and criminal possession of a controlled substance in the third degree (five counts), upon his plea of guilty, and imposing sentence.
Matthew Muraskin, Melville, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, HOWARD MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that he did not knowingly and voluntarily enter a plea of guilty is unpreserved for appellate review since he did not move to withdraw his plea or vacate the judgment of conviction in the Supreme Court (see People v. Lopez, 71 N.Y.2d 662; People v. Dunkins, 231 A.D.2d 587; People v. Esposito, 157 A.D.2d 850; People v. Quick, 146 A.D.2d 815). In any event, the defendant's plea of guilty was knowingly and voluntarily made (see People v. Fiumefreddo, 82 N.Y.2d 536; People v. Harris, 61 N.Y.2d 9).
The defendant's remaining contention is without merit.
FEUERSTEIN, J.P., SMITH, H. MILLER and TOWNES, JJ., concur.