Opinion
2014-04-16
The PEOPLE, etc., respondent, v. Alonzo LITCHMORE, appellant.
Scott A. Rosenberg, New York, N.Y. (William B. Carney of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Gregory Musso on the brief), for respondent.
Scott A. Rosenberg, New York, N.Y. (William B. Carney of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Gregory Musso on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered February 8, 2011, convicting him of robbery in the first degree (three counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea was not knowing and voluntary is unpreserved for appellate review, since he failed to move to withdraw his plea ( see CPL 470.05[2]; People v. Johnson, 73 A.D.3d 951, 899 N.Y.S.2d 875;People v. Vasquez, 40 A.D.3d 1134, 837 N.Y.S.2d 693;People v. Wilson, 37 A.D.3d 744, 745, 828 N.Y.S.2d 910). In any event, the record of the plea proceeding establishes that the plea was knowing and voluntary ( see People v. Elcine, 43 A.D.3d 1176, 1177, 843 N.Y.S.2d 343).
Contrary to the defendant's contention, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). MASTRO, J.P., BALKIN, SGROI and LASALLE, JJ., concur.