People v. LeGrady
| Decision Date | 22 April 2008 |
| Docket Number | 2007-01335.,2007-01336.,2007-01337. |
| Citation | 2008 NY Slip Op 03669,856 N.Y.S.2d 224,50 A.D.3d 1059 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LeGRADY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgments and the amended judgment are affirmed.
Since the defendant failed to move to withdraw his pleas prior to sentencing, his current contention that the pleas were not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review (see People v Toxey, 86 NY2d 725, 726 [1995]; People v Fecu, 38 AD3d 565 [2007]; People v Huchital, 22 AD3d 681 [2005]). This is not a case "where the defendant's recitation of the facts underlying the crime[s] pleaded to clearly casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea" (People v Lopez, 71 NY2d 662, 666 [1988]). In any event, the record demonstrates that the defendant's pleas of guilty were entered "voluntarily, knowingly and intelligently" (People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Matos, 27 AD3d 485 [2006]). The defendant's claim of ineffective assistance of counsel cannot be reached on this appeal since it is based on matter dehors the record (see People v Villacreses, 12 AD3d 624, 626 [2004]).
The sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]).
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