People v. Strong
Court | New York Supreme Court Appellate Division |
Citation | 914 N.Y.S.2d 679,80 A.D.3d 717 |
Parties | The PEOPLE, etc., respondent, v. James STRONG, appellant. |
Decision Date | 18 January 2011 |
80 A.D.3d 717
The PEOPLE, etc., respondent,
v.
James STRONG, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 18, 2011.
Marianne Karas, Armonk, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer of counsel; Victoria Rosner on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered March 14, 2008, convicting him of manslaughter in the first 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 not voluntary because it was coerced is unpreserved for appellate review, since he did not move to withdraw his plea on that ground or raise this issue before the Supreme Court ( see CPL 470.05[2]; People v. Johnson, 70 A.D.3d 721, 892 N.Y.S.2d 887; People v. Antoine, 59 A.D.3d 560, 872 N.Y.S.2d 283; People v. Perez, 51 A.D.3d 1043, 861 N.Y.S.2d 63).
In any event, the Supreme Court's remarks during the plea proceedings regarding the defendant's possible sentence exposure were he to proceed to trial were informative, not coercive ( see People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280; People v. Miranda, 67 A.D.3d 709, 710, 886 N.Y.S.2d 890; People v. Pagan, 297 A.D.2d 582, 747 N.Y.S.2d 174; People v. Samuel, 208 A.D.2d 776, 617 N.Y.S.2d 494).RIVERA, J.P., FLORIO, DICKERSON, HALL and ROMAN, JJ., concur.
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