People v. Carthage

• Decision Date: 28 June 2011
• Citation: 85 A.D.3d 1198,2011 N.Y. Slip Op. 05728,925 N.Y.S.2d 894
• Parties: The PEOPLE, etc., respondent,v.Russell CARTHAGE, appellant.
• Court: New York Supreme Court — Appellate Division

85 A.D.3d 1198

925 N.Y.S.2d 894

2011 N.Y. Slip Op. 05728

The PEOPLE, etc., respondent,

v.Russell CARTHAGE, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 28, 2011.

OPINION TEXT STARTS HEREMeredith A. Bettenhauser, Garden City, N.Y., for appellant.Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Donald Berk of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County *895 (Donnino, J.), rendered June 23, 2010, convicting him of robbery 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 not knowing, voluntary, and intelligent is unpreserved for appellate review since he did not move to withdraw his plea on that ground prior to sentencing ( see People v. Trent, 74 A.D.3d 1370, 903 N.Y.S.2d 236; People v. Simpson, 52 A.D.3d 846, 859 N.Y.S.2d 381; People v. Ramsey, 49 A.D.3d 565, 855 N.Y.S.2d 162; People v. Rusielewicz, 45 A.D.3d 704, 846 N.Y.S.2d 243). In any event, the defendant's plea was knowingly, voluntarily, and intelligently entered ( see People v. Morales, 60 A.D.3d 546, 875 N.Y.S.2d 473; People v. Provosty, 141 A.D.2d 867, 868, 529 N.Y.S.2d 894; see generally People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646).

By pleading guilty, the defendant forfeited his challenge to the County Court's exercise of its statutory authority ( see CPL 210.45[9][d] ) to extend the time allotted to the People for re-presenting the charges to another grand jury following the dismissal of the original indictment ( see People v. Motley, 69 N.Y.2d 870, 871–872, 514 N.Y.S.2d 715, 507 N.E.2d 308; People v. Sobotker, 61 N.Y.2d 44, 48, 471 N.Y.S.2d 78, 459 N.E.2d 187; see also People v. Hansen, 95 N.Y.2d 227, 715 N.Y.S.2d 369, 738 N.E.2d 773; People v. Di Raffaele, 55 N.Y.2d 234, 448 N.Y.S.2d 448, 433 N.E.2d 513).