People v. Perry
| Citation | 675 N.Y.S.2d 924,252 A.D.2d 990 |
| Parties | 1998 N.Y. Slip Op. 6744 PEOPLE of the State of New York, Respondent, v. Michael PERRY, Appellant. |
| Decision Date | 08 July 1998 |
| Court | New York Supreme Court Appellate Division |
Gerald T. Barth by Philip Rothschild, Syracuse, for appellant.
William J. Fitzpatrick by James Maxwell, Syracuse, for respondent.
Defendant failed to preserve for our review his contention that his guilty plea was not knowingly, voluntarily and intelligently made (see, People v. Ferguson, 192 A.D.2d 800, 596 N.Y.S.2d 533, lv. denied 82 N.Y.2d 717, 602 N.Y.S.2d 814, 622 N.E.2d 315). Defendant failed to object to the enhanced sentence or to seek to withdraw his plea or vacate the judgment of conviction based upon the imposition of the sentence. Thus, defendant's contentions concerning the enhanced sentence are not preserved for our review (see, CPL 470.05[2]; People v. Ramirez, 210 A.D.2d 56, 620 N.Y.S.2d 943, lv. denied 84 N.Y.2d 1037, 623 N.Y.S.2d 193, 647 N.E.2d 465). We decline to exercise our power to address those contentions as a matter of discretion in the interest of justice (see, CPL 470.15[6][a] ). The sentence is neither unduly harsh nor severe.
Judgment unanimously affirmed. (Appeal from Judgment of Supreme Court, Onondaga County, Dwyer, J.--Assault, 2nd Degree.)
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