Opinion
2016–08936 Ind. No. 804/16
03-07-2018
Jillian S. Harrington, Staten Island, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Donald Berk and Brian Witthuhn of counsel), for respondent.
Jillian S. Harrington, Staten Island, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Donald Berk and Brian Witthuhn of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Patricia A. Harrington, J.), rendered August 3, 2016, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree, aggravated unlicensed operation of a motor vehicle in the second degree, aggravated unlicensed operation of a motor vehicle in the third degree, and operating a motor vehicle while under the influence of alcohol as a misdemeanor, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was involuntary, unknowing, and not intelligently entered is unpreserved for appellate review, since he failed to move to withdraw the plea before sentencing (see People v. Tissiera, 138 A.D.3d 1040, 29 N.Y.S.3d 550 ; People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803 ). In any event, the plea was voluntarily, knowingly, and intelligently entered (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). Contrary to the defendant's contention, the Supreme Court's comments regarding his possible sentence exposure were he to proceed to trial were informative, not coercive (see People v. Tavares, 103 A.D.3d 820, 820, 962 N.Y.S.2d 196 ; see also People v. Licausi, 122 A.D.3d 771, 773, 996 N.Y.S.2d 188 ).
The defendant's remaining contention is without merit.
MASTRO, J.P., CHAMBERS, DUFFY and CONNOLLY, JJ., concur.