People v. Phillip B.

Full title: The PEOPLE, etc., respondent, v. PHILLIP B. (Anonymous), appellant.

Court: Supreme Court, Appellate Division, Second Department, New York.

Date published: Nov 6, 2013

111 A.D.3d 649 (N.Y. App. Div. 2013)

2013 N.Y. Slip Op. 7190

974 N.Y.S.2d 122

Opinion

2013-11-6

The PEOPLE, etc., respondent, v. PHILLIP B. (Anonymous), appellant.

Marianne Karas, Thornwood, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

DANIEL D. ANGIOLILLO

Marianne Karas, Thornwood, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.
DANIEL D. ANGIOLILLO, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.

Appeals by the defendant from five judgments of the County Court, Westchester County (Colangelo, J.), all rendered April 25, 2011, convicting him of (1) robbery in the second degree under Superior Court Information No. 10–01383, (2) robbery in the second degree under Superior Court Information No. 10–01384, (3) robbery in the second degree under Superior Court Information No. 10–01385, (4) robbery in the second degree under Superior Court Information No. 10–01386, and (5) robbery in the second degree under Superior Court Information No. 10–01387, upon his pleas of guilty, adjudicating him a youthful offender, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant's contention that his pleas of guilty were not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review, since he did not move to withdraw his pleas on this ground prior to the imposition of the sentences ( see People v. Newson, 106 A.D.3d 839, 840, 964 N.Y.S.2d 646,lv. denied21 N.Y.3d 1044, 972 N.Y.S.2d 542, 995 N.E.2d 858;People v. Cohen, 100 A.D.3d 919, 953 N.Y.S.2d 900;People v. Andrea, 98 A.D.3d 627, 949 N.Y.S.2d 654). In any event, contrary to the defendant's contention, the record establishes that his pleas were knowingly, voluntarily, and intelligently entered ( see People v. Garcia, 92 N.Y.2d 869, 870, 677 N.Y.S.2d 772, 700 N.E.2d 311;People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46).

The sentences imposed were not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).