Opinion
2001-03522
Submitted May 7, 2002.
June 10, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered April 6, 2001, convicting him of assault in the first degree and attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Leon H. Tracy, Jericho, N.Y. for appellant.
Denis Dillon, District Attorney, Mineola, N Y (Judith R. Sternberg and Andrea M. DiGregorio of counsel), for respondent.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenge to the voluntariness of the plea since he never moved to withdraw his plea or vacate the judgment of conviction (see People v. Lopez, 71 N.Y.2d 662, 665; People v. Aloisi, 177 A.D.2d 491). In any event, the defendant's guilty plea was knowingly, voluntarily, and intelligently made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543; People v. Harris, 61 N.Y.2d 9).
The sentence imposed was not excessive (see People v. Kazepis, 101 A.D.2d 816).
The defendant's remaining contentions are without merit.
SMITH, J.P., O'BRIEN, H. MILLER and COZIER, JJ., concur.