Opinion
12-28-2016
The PEOPLE, etc., respondent, v. Agyei KWABENA, appellant.
Lynn W.L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John–Drigo of counsel), for respondent.
Lynn W.L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John–Drigo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered March 21, 2014, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court should have conducted a limited inquiry before imposing sentence in light of his assertions of innocence in the presentence investigation report (see People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544 ; People v. White, 137 A.D.2d 859, 525 N.Y.S.2d 323 ) is unpreserved for appellate review, as he failed to move to withdraw his plea prior to the imposition of sentence (see People v. Keenum, 101 A.D.3d 1045, 956 N.Y.S.2d 145 ; People v. Ropiza, 100 A.D.3d 935, 954 N.Y.S.2d 188 ; People v. Modesto, 39 A.D.3d 567, 835 N.Y.S.2d 220 ; People v. Cooper, 34 A.D.3d 827, 823 N.Y.S.2d 917 ; People v. Tinsley, 32 A.D.3d 447, 820 N.Y.S.2d 305 ; People v. Steed, 133 A.D.2d 433, 434, 519 N.Y.S.2d 373 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., CHAMBERS, ROMAN and BRATHWAITE NELSON, JJ., concur.