People v. Ortiz

• Decision Date: 30 April 2014
• Citation: 983 N.Y.S.2d 905,2014 N.Y. Slip Op. 02958,116 A.D.3d 1070
• Parties: The PEOPLE, etc., respondent, v. Anthony M. ORTIZ, appellant.
• Court: New York Supreme Court — Appellate Division

116 A.D.3d 1070

983 N.Y.S.2d 905

2014 N.Y. Slip Op. 02958

The PEOPLE, etc., respondent,

v.Anthony M. ORTIZ, appellant.

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

April 30, 2014.

Salvatore C. Adamo, New York, N.Y., for appellant.

Adam B. Levy, District Attorney, Carmel, N.Y. (Heather M. Abissi of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), entered June 12, 2013, convicting him of attempted burglary 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 not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw the plea ( see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803). In any event, the 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;People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170). The defendant's postplea assertion regarding the defense of insanity did not warrant vacatur of his plea of guilty ( see People v. Bunn, 79 A.D.3d 1143, 914 N.Y.S.2d 907).

The defendant was not denied the effective assistance of counsel, as defense counsel provided meaningful representation ( see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Sanders, 112 A.D.3d 748, 976 N.Y.S.2d 205).

MASTRO, J.P., HALL, AUSTIN, SGROI and DUFFY, JJ., concur.