Opinion
11-12-2015
The PEOPLE, etc., respondent, v. Ricardo SIMMONS, appellant.
Gary E. Eisenberg, New City, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek and Itamar J. Yeger of counsel), for respondent.
Gary E. Eisenberg, New City, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek and Itamar J. Yeger of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered March 13, 2012, convicting him of criminal sale of a controlled substance in the third 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, or intelligently made is unpreserved for appellate review (see CPL 220.60[3] ; 470.05[2]; People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668 ; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Oseni, 107 A.D.3d 829, 966 N.Y.S.2d 677 ; People v. Newson, 106 A.D.3d 839, 840, 964 N.Y.S.2d 646 ). In any event, the plea was knowingly, voluntarily, and intelligently made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Nixon, 21 N.Y.2d 338, 353, 287 N.Y.S.2d 659, 234 N.E.2d 687 ).
The defendant's remaining contention is without merit.
MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.