Opinion
KA 02-00870.
Decided April 30, 2004.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered April 5, 2002. The judgment revoked defendant's probation and imposed a sentence of imprisonment.
CHARLES J. GREENBERG, BUFFALO, FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (KEVIN T. FINNELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant challenges the factual sufficiency and the voluntary, knowing, and intelligent character of his admission of a violation of probation in appeal No. 1 and his plea of guilty to various crimes in appeal No. 2. Those challenges are unpreserved for our review and lack merit in any event ( see People v. Lopez, 71 N.Y.2d 662, 665-667; People v. Brown, 305 A.D.2d 1068, 1068-1069, lv denied 100 N.Y.2d 579; People v. McCorkle, 298 A.D.2d 848, lv denied 99 N.Y.2d 561). The further contention of defendant in appeal No. 2 that County Court erred in imposing an enhanced sentence also is not preserved for our review ( see People v. Parks, 309 A.D.2d 1172, 1173, lv denied 1 N.Y.3d 577; People v. Holmes, 306 A.D.2d 889, lv denied 100 N.Y.2d 621; People v. Webb, 299 A.D.2d 955, lv denied 99 N.Y.2d 565) . There is no merit to defendant's challenge to the severity of the sentences in both appeals. We similarly reject the contention of defendant in both appeals, to the extent that it survives the admission and guilty plea and is reviewable on direct appeal and on the record before us ( see generally CPL 440.10; People v. Jackson, 4 A.D.3d 773; People v. Cass, 1 A.D.3d 1025; People v. Nicholson, 269 A.D.2d 868, 869, lv denied 95 N.Y.2d 907), that defendant was denied effective assistance of counsel ( see People v. Ford, 86 N.Y.2d 397, 404; Brown, 305 A.D.2d at 1069; People v. Nieves, 299 A.D.2d 888, 889, lv denied 99 N.Y.2d 631).