People v. Hernandez–bautista
| Decision Date | 01 November 2011 |
| Citation | 89 A.D.3d 749,931 N.Y.S.2d 907,2011 N.Y. Slip Op. 07858 |
| Parties | The PEOPLE, etc., respondent,v.Efrain HERNANDEZ–BAUTISTA, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERESalvatore C. Adamo, New York, N.Y., for appellant.William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered July 29, 2010, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
*908 The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review since he did not move to withdraw his plea on that ground prior to sentencing ( see CPL 470.05[2]; People v. Gantt, 85 A.D.3d 815, 816, 924 N.Y.S.2d 821). In any event, his 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).
The defendant's contention that he was deprived of the effective assistance of counsel is without merit ( see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675; cf. People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351).
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