Opinion
2017–06682 Ind. No. 647/16
11-07-2018
The PEOPLE, etc., Respondent, v. Lydell BARHAM, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, JEFFREY A. COHEN, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Martin I. Efman, J.), rendered April 12, 2017, convicting him of criminal possession of a controlled substance in the third 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 knowingly, voluntarily, and intelligently entered is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise the issue in 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. Pleitez–Raymundo, 160 A.D.3d 902, 71 N.Y.S.3d 886 ; People v. Spencer, 149 A.D.3d 983, 52 N.Y.S.3d 430 ). In any event, the record demonstrates that he knowingly, voluntarily, and intelligently entered his plea of guilty (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Cassadean, 160 A.D.3d 655, 72 N.Y.S.3d 575 ). Contrary to the defendant's contention, certain postplea assertions attributed to him in the presentence report did not call into question the voluntariness of the plea and did not obligate the court to conduct any further inquiry (see People v. Caceres, 155 A.D.3d 972, 63 N.Y.S.3d 899 ). Moreover, the defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
RIVERA, J.P., DILLON, COHEN and IANNACCI, JJ., concur.