Opinion
2001-01983
Submitted January 9, 2002.
January 28, 2002.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered February 7, 2001, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Salvatore C. Adamo, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention regarding the validity of his plea, as he did not move to withdraw his plea of guilty or to vacate the judgment of conviction (see, People v. Claudio, 64 N.Y.2d 858). In any event, his contention is without merit (see, People v. Leo, 255 A.D.2d 458).
The sentence imposed was not excessive (see, People v. Kazepis, 101 A.D.2d 816).
The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit (see, People v. Ford, 86 N.Y.2d 397; People v. Leo, supra).
ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.