People v. Johnson

• Decision Date: 18 January 2011
• Citation: 914 N.Y.S.2d 674,80 A.D.3d 714
• Parties: The PEOPLE, etc., respondent, v. Lawrence JOHNSON, appellant.
• Court: New York Supreme Court — Appellate Division

914 N.Y.S.2d 674

80 A.D.3d 714

The PEOPLE, etc., respondent,

v.Lawrence JOHNSON, appellant.

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

Jan. 18, 2011.

Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Ruth L. Israely on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Mullings, J.), rendered December 9, 2008, convictinghim of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review ( see People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Trent, 74 A.D.3d 1370, 903 N.Y.S.2d 236). In any event, his plea was knowingly, voluntarily, and intelligently entered ( see People v. Morales, 60 A.D.3d 546, 875 N.Y.S.2d 473; see also People v. Minaya, 54 N.Y.2d 360, 365, 445 N.Y.S.2d 690, 429 N.E.2d 1161, cert. denied 455 U.S. 1024, 102 S.Ct. 1725, 72 L.Ed.2d 144; People v. Perez, 35 A.D.3d 1030, 826 N.Y.S.2d 488; People v. Torres, 222 A.D.2d 271, 636 N.Y.S.2d 613).

ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.