Opinion
2017–05892 Ind. No. 2588/15
04-10-2019
The PEOPLE, etc., Respondent, v. Luis GOMEZ, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Glenn Green 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. (Glenn Green of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, ANGELA G. IANNACCI, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mark D. Cohen, J.), rendered May 6, 2016, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Pursuant to a plea agreement, the defendant pleaded guilty to attempted assault in the second degree and was sentenced to a definite term of imprisonment of eight months. On appeal, the defendant contends that his statements to the Department of Probation and to the Supreme Court at the sentencing proceeding cast doubt on whether his plea of guilty was knowing, voluntary, and intelligent. The defendant's contention 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. Gomez, 114 A.D.3d 701, 702, 979 N.Y.S.2d 828 ; People v. Pryor, 11 A.D.3d 565, 566, 782 N.Y.S.2d 803 ). In any event, the defendant's contention is without merit. During the sentencing proceeding, the court engaged the defendant in a thorough colloquy regarding the defendant's decision to plead guilty, his desire to go forward with the plea of guilty, and his guilt of the crime to which he pleaded guilty. The court's careful inquiry at sentencing put to rest any possible question about the validity of the defendant's plea of guilty (see People v. Axel M., 122 A.D.3d 946, 947, 998 N.Y.S.2d 93 ; People v. Ingram, 80 A.D.3d 713, 714, 914 N.Y.S.2d 316 ).
BALKIN, J.P., CHAMBERS, MILLER and IANNACCI, JJ., concur.