Opinion
KA 02-02181.
Decided March 19, 2004.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered January 7, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SHIRLEY K. DUFFY OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (CHRISTI L. CARATOZZOLO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: By failing to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his plea was not knowingly and voluntarily entered ( see People v. Hogue, 295 A.D.2d 928, lv denied 99 N.Y.2d 536; People v. Linares, 174 A.D.2d 847, lv denied 78 N.Y.2d 969). The sentence is not unduly harsh or severe.