Opinion
2000-03516
Submitted January 8, 2002.
January 28, 2002.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered March 24, 2000, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
Gary E. Eisenberg, Monroe, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, A. GAIL PRUDENTI, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, as he failed to move to vacate his plea (see, People v. Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636; People v. Passero, 222 A.D.2d 858). In any event, the defendant's contention is without merit (see, People v. Harris, 61 N.Y.2d 9; People v. McCann, 289 A.D.2d 703 [3d Dept., Dec. 13, 2001]; People v. Rowe, 284 A.D.2d 796; People v. Otero, 199 A.D.2d 342).
SANTUCCI, J.P., S. MILLER, FRIEDMANN and PRUDENTI, JJ., concur.