Opinion
2016–03210 S.C.I. No. 762/14
06-13-2018
The PEOPLE, etc., respondent, v. Henry OLIVER, appellant.
Leon H. Tracy, Jericho, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Jared A. Chester of counsel), for respondent.
Leon H. Tracy, Jericho, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Jason R. Richards and Jared A. Chester of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, SANDRA L. SGROI, JOSEPH J. MALTESE, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the County Court, Nassau County (Erica L. Prager, J.), rendered March 9, 2016, convicting him of attempted robbery in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the validity of his plea of guilty is unpreserved for appellate review, since he did not move to withdraw his plea of guilty or otherwise object to the plea, despite having ample time and opportunity to do so (see People v. Williams, 27 N.Y.3d 212, 221–222, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Conceicao, 26 N.Y.3d 375, 381, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. Crowder, 24 N.Y.3d 1134, 1136–1137, 3 N.Y.S.3d 309, 26 N.E.3d 1164 ; People v. Feliciano, 22 N.Y.3d 986, 987, 979 N.Y.S.2d 554, 2 N.E.3d 921 ; People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Holloway, 154 A.D.3d 966, 61 N.Y.S.3d 916; People v. Picart, 145 A.D.3d 742, 41 N.Y.S.3d 905). In any event, the defendant's contention is without merit, as the record as a whole affirmatively demonstrates that the defendant entered his plea of guilty knowingly and voluntarily (see People v. Williams, 151 A.D.3d 890, 54 N.Y.S.3d 300 ; People v. Picart, 145 A.D.3d at 742, 41 N.Y.S.3d 905), and fully understood the relevant terms of his plea bargain and the consequences of failing to comply therewith (see generally People v. Torres, 18 A.D.3d 214, 793 N.Y.S.2d 762 ; People v. Ellis, 162 A.D.2d 701, 558 N.Y.S.2d 82 ).
MASTRO, J.P., LEVENTHAL, SGROI and MALTESE, JJ., concur.