Opinion
2015–04997 Ind. No. 14–00498
02-17-2021
The PEOPLE, etc., respondent, v. Tyahnjaii N. LEGETTE, appellant.
Geoffrey E. Chanin, Goshen, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Edward D. Saslaw of counsel), for respondent.
Geoffrey E. Chanin, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Edward D. Saslaw of counsel), for respondent.
WILLIAM F. MASTRO, A.P.J., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Jeffrey G. Berry, J.), rendered April 21, 2015, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was entered into under duress and coercion is unpreserved for appellate review since the defendant failed to move to withdraw his plea or to vacate the judgment of conviction ( see CPL 220.60[3] ; 440.10; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Gomez, 137 A.D.3d 1161, 1162, 27 N.Y.S.3d 650 ). In any event, the contention is without merit. The County Court's remarks regarding the defendant's sentence exposure did not constitute coercion ( see People v. Solis, 111 A.D.3d 654, 655, 974 N.Y.S.2d 132 ; People v. Tavares, 103 A.D.3d 820, 820, 962 N.Y.S.2d 196 ). Furthermore, the defendant's claims of coercion are belied by his statements under oath that no one had forced, threatened, or coerced him to plead guilty and that he was entering the plea of guilty freely and voluntarily ( see People v. Jackson, 170 A.D.3d 1040, 1041, 96 N.Y.S.3d 330 ; People v. Mitchell, 156 A.D.3d 817, 818, 65 N.Y.S.3d 730 ). The record demonstrates that the defendant knowingly, voluntarily, and intelligently entered into the negotiated plea of guilty ( see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 ).
The defendant's remaining contentions are without merit.
MASTRO, A.P.J., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.