Opinion
12-07-2016
The PEOPLE, etc., respondent, v. Jose PICART, appellant.
Matthew Muraskin, Port Jefferson, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.
Matthew Muraskin, Port Jefferson, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Doyle, J.), rendered January 24, 2011, convicting him of criminal possession of a controlled substance in the seventh 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 knowing, voluntary, and intelligent because he was not adequately advised of his Boykin rights (see Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 ) is unpreserved for appellate review, since the defendant did not move for leave to withdraw his plea of guilty, although he had ample time to do so (see People v. Williams, 27 N.Y.3d 212, 221–222, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. Joseph, 142 A.D.3d 627, 628, 36 N.Y.S.3d 605 ). In any event, the defendant's contention in this regard is without merit (see People v. Sougou, 26 N.Y.3d 1052, 1055, 23 N.Y.S.3d 121, 44 N.E.3d 196 ; People v. Harris, 61 N.Y.2d 9, 20–21, 471 N.Y.S.2d 61, 459 N.E.2d 170 ).
DILLON, J.P., DICKERSON, HINDS–RADIX and MALTESE, JJ., concur.