Opinion
198 KA 13-01463.
03-18-2016
The PEOPLE of the State of New York, Respondent, v. Timothy BOYD, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of Counsel), for Defendant–Appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of Counsel), for Defendant–Appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, robbery in the first degree (Penal Law § 160.154 ) and burglary in the first degree (§ 140.304 ) in connection with a home invasion during which four men were engaged in a standoff with police for approximately six hours. Defendant failed to move to withdraw his plea or to vacate the judgment of conviction, and he therefore failed to preserve for our review his contention that his plea to the indictment was not knowing and voluntary (see People v. Brinson, 130 A.D.3d 1493, 1493, 11 N.Y.S.3d 788, lv. denied 26 N.Y.3d 965, 18 N.Y.S.3d 601, 40 N.E.3d 579). In any event, we conclude that defendant's contention is without merit (see id.).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, NEMOYER, CURRAN, and SCUDDER, JJ., concur.