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People v. Blakey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 28, 2021
193 A.D.3d 1072 (N.Y. App. Div. 2021)

Opinion

2019–05199 2019–05200 Ind. No. 2225A/17, S.C.I. No. 1308/18

04-28-2021

The PEOPLE, etc., respondent, v. Maurice BLAKEY, appellant.

Mark Diamond, New York, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.


Mark Diamond, New York, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Suffolk County (John B. Collins, J.), both rendered September 26, 2018, as amended October 10, 2018, convicting him of attempted criminal possession of a weapon in the second degree and attempted criminal possession of a controlled substance in the third degree under Indictment No. 2225A/2017, and attempted criminal possession of a controlled substance in the third degree under Superior Court Information No. 1308/2018, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments, as amended, are affirmed.

The defendant's contention that his pleas of guilty were not entered into knowingly, voluntarily, and intelligently is unpreserved for appellate review since the defendant failed to move to withdraw his pleas or otherwise raise the 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. Xajapajcuc, 191 A.D.3d 811, 138 N.Y.S.3d 367 ; People v. Currier, 191 A.D.3d 695, 137 N.Y.S.3d 718 ). In any event, this contention is without merit, as the record demonstrates that the defendant knowingly, voluntarily, and intelligently entered into the negotiated pleas of guilty (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 ).

CHAMBERS, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.


Summaries of

People v. Blakey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 28, 2021
193 A.D.3d 1072 (N.Y. App. Div. 2021)
Case details for

People v. Blakey

Case Details

Full title:The People of the State of New York, respondent, v. Maurice Blakey…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Apr 28, 2021

Citations

193 A.D.3d 1072 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 2539
143 N.Y.S.3d 223