People v. Morales
| Decision Date | 16 February 2022 |
| Docket Number | 2019–08360,Ind. No. 468/18 |
| Citation | 202 A.D.3d 997,159 N.Y.S.3d 731 (Mem) |
| Parties | The PEOPLE, etc., respondent, v. Heriberto MORALES, appellant. |
| Court | New York Supreme Court — Appellate Division |
Steven A. Feldman, Manhasset, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio and Brian R. Pouliot of counsel), for respondent.
COLLEEN D. DUFFY, J.P., ANGELA G. IANNACCI, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered June 14, 2019, convicting him of murder in the second degree and criminal possession of a weapon 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 coerced by the Supreme Court is unpreserved for appellate review because he did not move to withdraw his plea of guilty or otherwise raise this issue before the court (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Legette, 191 A.D.3d 900, 901, 138 N.Y.S.3d 390 ; People v. Melvin, 165 A.D.3d 1291, 1291, 84 N.Y.S.3d 813 ; People v. Pollidore, 123 A.D.3d 1058, 1058, 997 N.Y.S.2d 752 ). In any event, this contention is without merit (see People v. Maldonado, 194 A.D.3d 1076, 1076, 144 N.Y.S.3d 613 ; People v. Gutierrez, 194 A.D.3d at 839, 143 N.Y.S.3d 897 ). The record plainly reveals that this contention is " ‘belied by his statements under oath at the plea proceeding’ ( People v. Jackson, 170 A.D.3d 1040, 1040–1041, 96 N.Y.S.3d 330 ), which reveal that he knowingly, intelligently, and voluntarily entered his plea[ ] of guilty, absent any threats or force, having reached a favorable plea agreement with the assistance of competent counsel with whose representation the defendant was satisfied" ( People v. Campbell, 197 A.D.3d 482, 483, 148 N.Y.S.3d 714 ).
The defendant's remaining contentions are without merit.
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People v. DeLeon
...he did not move to withdraw his plea or otherwise raise this issue before the Supreme Court (see CPL 470.05[2] ; People v. Morales, 202 A.D.3d 997, 159 N.Y.S.3d 731 ; People v. Headley, 197 A.D.3d 1329, 151 N.Y.S.3d 905 ; People v. Watts, 192 A.D.3d 1048, 140 N.Y.S.3d 767 ). In any event, t......
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People v. Berry
...was knowing, voluntary, and intelligent (see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Morales, 202 A.D.3d 997, 159 N.Y.S.3d 731 ; People v. Broccoli, 152 A.D.3d 536, 54 N.Y.S.3d 875 ).However, the matter must be remitted to the County Court, Suffolk Co......
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