Opinion
2014-12-17
The PEOPLE, etc., respondent, v. Christopher CANOLE, appellant.
Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered November 30, 2012, convicting him of arson in the second 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 knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw the plea ( see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803). In any event, the plea was knowingly, voluntarily, and intelligently made ( 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 at 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; see also People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331). SKELOS, J.P., LEVENTHAL, HINDS–RADIX, DUFFY and LaSALLE, JJ., concur.