People v. Pleitez-Raymundo
| Decision Date | 18 April 2018 |
| Docket Number | S.C.I. No. 2519/14,2016–00756 |
| Citation | 71 N.Y.S.3d 886 (Mem),160 A.D.3d 902 |
| Parties | The PEOPLE, etc., respondent, v. Norman PLEITEZ–RAYMUNDO, appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward M. Gould, Islip, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered January 20, 2015, convicting him of attempted rape in the third 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 knowingly, voluntarily, and intelligently entered is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the County Court (see CPL 470.05[2] ; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704 ). In any event, the record demonstrates that the defendant knowingly, voluntarily, and intelligently entered his plea of guilty, as the court adequately advised the defendant, through an interpreter, of the constitutional rights that he was surrendering by pleading guilty and the direct consequences of his plea (see People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Sirico, 135 A.D.3d 19, 22, 18 N.Y.S.3d 430 ; People v. Bennett, 122 A.D.3d 871, 872, 996 N.Y.S.2d 369 ; People v. Solis, 111 A.D.3d 654, 655, 974 N.Y.S.2d 132 ).
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