Opinion
2019–02140 Ind.No. 18–00360
11-18-2020
The PEOPLE, etc., respondent, v. Bryan STAMPS, appellant.
Clinton W. Calhoun III, White Plains, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jordan K. Hummel and William C. Milaccio of counsel), for respondent.
Clinton W. Calhoun III, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jordan K. Hummel and William C. Milaccio of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
When a defendant pleads guilty to a crime, he or she generally must move to withdraw the plea or otherwise object to its entry prior to the imposition of sentence to preserve a challenge to the validity of the plea for appellate review (see People v. Williams, 27 N.Y.3d 212, 214, 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 ). The defendant's contention that his plea of guilty was invalid is unpreserved for appellate review because he did not move to vacate his plea prior to the imposition of sentence or otherwise raise the issue in the Supreme Court (see People v. Palladino, 140 A.D.3d 1194, 33 N.Y.S.3d 469 ; People v. Karadag, 181 A.D.3d 620, 117 N.Y.S.3d 590 ; People v. Murphy, 135 A.D.3d 881, 881, 22 N.Y.S.3d 892 ). In any event, contrary to the defendant's contentions, the record affirmatively demonstrates the defendant's understanding and waiver of certain constitutional rights, and the entry of a knowing, voluntary, and intelligent plea of guilty (see People v. Harris, 61 N.Y.2d 9, 19–20, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Sirico, 135 A.D.3d 19, 22, 18 N.Y.S.3d 430 ; People v. Isaiah S., 130 A.D.3d 1081, 13 N.Y.S.3d 840 ).
Contrary to the defendant's further contention, he did not receive ineffective assistance of counsel in connection with the negotiation of his plea (see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 ; People v. Richards, 186 A.D.3d 1411, 128 N.Y.S.3d 871 [2d Dept.] ; People v. Penaranda, 178 A.D.3d 858, 111 N.Y.S.3d 553 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., DILLON, DUFFY and CONNOLLY, JJ., concur.