People v. Higgs

• Decision Date: 01 November 1999
• Citation: 696 N.Y.S.2d 902,266 A.D.2d 233
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JAMES HIGGS, Appellant.
• Court: New York Supreme Court — Appellate Division

266 A.D.2d 233

696 N.Y.S.2d 902

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.JAMES HIGGS, Appellant.

Decided November 1, 1999.

Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.

Ordered that the judgments are affirmed.

Initially, we note that the defendant never moved to withdraw his plea of guilty under Indictment No. 62/97 or his Alford plea (see, North Carolina v Alford, 400 US 25) under Indictment No. 18/97. Thus, his present contention that these pleas were coerced is not preserved for appellate review (see, People v Pellegrino, 60 NY2d 636). In any event, our review of the record demonstrates that the defendant's pleas were voluntarily, knowingly, and intelligently entered (see, People v Harris, 61 NY2d 9; see also, People v Fiumefreddo, 82 NY2d 536; People v Stephens, 188 AD2d 345).