Opinion
2019–02284 Ind. No. 1365/17
02-10-2021
The PEOPLE, etc., respondent, v. Jorge R. XAJAPAJCUC, appellant.
Salvatore C. Adamo, New York, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. ( Elena Tomaro and Marion Tang of counsel), for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. ( Elena Tomaro and Marion Tang of counsel), for respondent.
REINALDO E. RIVERA, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered February 2, 2018, convicting him of course of sexual conduct against a child in the first degree, course of sexual conduct against a child in the second degree, burglary in the first degree, and endangering the welfare of a child, 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, and intelligently entered is unpreserved for appellate review since he did not move to withdraw his plea or otherwise raise the issue before the County Court ( see CPL 470.05[2] ; People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Ruiz–Solano, 188 A.D.3d 1267, 132 N.Y.S.3d 828 ; People v. Cardona, 177 A.D.3d 647, 648, 109 N.Y.S.3d 879 ). In any event, the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Sougou, 26 N.Y.3d 1052, 1055, 23 N.Y.S.3d 121, 44 N.E.3d 196 ; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ).
The defendant's contention that he did not receive the effective assistance of counsel because his counsel coerced him into pleading guilty is belied by his statements during the plea proceeding. The defendant acknowledged under oath that he was satisfied with his attorney's representation, that he had not been forced into pleading guilty, and that he was entering the plea freely and voluntarily ( see People v. Houston, 173 A.D.3d 1061, 100 N.Y.S.3d 873 ; People v. Vicente, 167 A.D.3d 951, 952, 90 N.Y.S.3d 106 ; People v. Ward, 140 A.D.3d 903, 904, 32 N.Y.S.3d 648 ).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., BARROS, CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.