Opinion
2015-05-27
The PEOPLE, etc., respondent, v. Nicole LOPEZ, appellant.
Salvatore C. Adamo, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Salvatore C. Adamo, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered May 5, 2014, convicting her of criminal possession of a controlled substance in the first degree and robbery in the third degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that her plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since she 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. Hammonds, 91 A.D.3d 791, 936 N.Y.S.2d 905). In any event, the plea was knowingly, voluntarily, and intelligently entered ( see People v. Perez, 82 A.D.3d 1451, 918 N.Y.S.2d 754; People v. Swindell, 72 A.D.3d 1340, 1341, 898 N.Y.S.2d 380).
The defendant was not deprived of the effective assistance of counsel ( see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675; see also People v. Fiorello, 97 A.D.3d 763, 947 N.Y.S.2d 909; People v. Howard, 50 A.D.3d 823, 854 N.Y.S.2d 776).