People v. Xajapajcuc

• Decision Date: 10 February 2021
• Docket Number: Ind. No. 1365/17,2019–02284
• Citation: 191 A.D.3d 811,138 N.Y.S.3d 367 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Jorge R. XAJAPAJCUC, appellant.
• Court: New York Supreme Court — Appellate Division

191 A.D.3d 811
138 N.Y.S.3d 367 (Mem)

The PEOPLE, etc., respondent,
v.
Jorge R. XAJAPAJCUC, appellant.

2019–02284
Ind. No. 1365/17

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

Submitted—January 20, 2021
February 10, 2021

Salvatore C. Adamo, New York, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. ( Elena Tomaro and Marion Tang of counsel), for respondent.

REINALDO E. RIVERA, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered February 2, 2018, convicting him of course of sexual

138 N.Y.S.3d 368

conduct against a child in the first degree, course of sexual conduct against a child in the second degree, burglary in the first degree, and endangering the welfare of a child, 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 since he did not move to withdraw his plea or otherwise raise the issue before the County Court ( see CPL 470.05[2] ; People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Ruiz–Solano, 188 A.D.3d 1267, 132 N.Y.S.3d 828 ; People v. Cardona, 177 A.D.3d 647, 648, 109 N.Y.S.3d 879 ). In any event, the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Sougou, 26 N.Y.3d 1052, 1055, 23 N.Y.S.3d 121, 44 N.E.3d 196 ; People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ).

The defendant's contention that he did not receive the effective assistance of counsel because his counsel coerced him into pleading guilty is belied by his statements during the plea proceeding. The defendant acknowledged under oath that he was satisfied with his attorney's representation, that he had not been forced into pleading...