Opinion
2014-05-28
The PEOPLE, etc., respondent, v. Daniel STATINI, appellant.
Jeanette Madera, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Jeanette Madera, Poughkeepsie, N.Y., for appellant.William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, and LEONARD B. AUSTIN, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered April 16, 2013, convicting him of criminal possession of a weapon in the second 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 invalid is not preserved for appellate review, since he failed to raise this issue prior to sentencing ( see People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704;People v. Cantoni, 112 A.D.3d 733, 976 N.Y.S.2d 396). In any event, the record of the plea proceedings fully demonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Ross, 113 A.D.3d 877, 979 N.Y.S.2d 160;People v. Wolven, 105 A.D.3d 782, 961 N.Y.S.2d 794).
Contrary to the defendant's contention, he received meaningful representation from counsel throughout the proceedings ( see generally People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.