Opinion
S.C.I. No. 42/17 No. 2017-07215
10-13-2021
The People, etc., respondent, v. Devall L. Garner, appellant. S.C.I. No. 42/17
D J. & J. A. Cirando, PLLC, Syracuse, NY (John A. Cirando and Rebecca L. Konst of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Argued - September 23, 2021
D67416 Q/afa
D J. & J. A. Cirando, PLLC, Syracuse, NY (John A. Cirando and Rebecca L. Konst of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
REINALDO E. RIVERA, J.P. LEONARD B. AUSTIN FRANCESCA E. CONNOLLY WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered June 29, 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 contends that his plea of guilty was not knowing, voluntary, or intelligent. The defendant failed to preserve this contention for appellate review, since he did not move to withdraw his plea on this ground prior to the imposition of sentence or otherwise raise the issue before the County Court (see People v King, 169 A.D.3d 1060, 1061; People v McClenic, 155 A.D.3d 1064; People v Coachman, 154 A.D.3d 957). In any event, the record demonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v King, 169 A.D.3d at 1061).
RIVERA, J.P., AUSTIN, CONNOLLY and FORD, JJ., concur.