Opinion
2015–08172 S.C.I. No. 15-00216
02-17-2021
The PEOPLE, etc., respondent, v. Edgardo OSORIO–RIVERA, appellant.
Marshall L. Goldstein, Brewster, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, N.Y. ( William C. Milaccio of counsel), for respondent.
Marshall L. Goldstein, Brewster, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, N.Y. ( William C. Milaccio of counsel), for respondent.
MARK C. DILLON, J.P., HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Susan M. Capeci, J.), rendered July 13, 2015, convicting him of assault in the first 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 not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review, as the defendant did not move to withdraw the plea or otherwise object to it prior to sentencing ( see CPL 470.05[2] ; People v. Murray, 186 A.D.3d 625, 126 N.Y.S.3d 665 ). In any event, the record demonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Strongminton, 169 A.D.3d 723, 91 N.Y.S.3d 710 ; People v. Bryant, 159 A.D.3d 715, 716, 69 N.Y.S.3d 496 ).
DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.