Opinion
KA 02-02684.
Decided April 30, 2004.
Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), rendered August 19, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted course of sexual conduct against a child in the first degree (two counts).
SALVATORE C. ADAMO, BUFFALO, FOR DEFENDANT-APPELLANT.
JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, WISNER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that his plea was not knowingly, voluntarily or intelligently entered ( see People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 878; see also People v. Nixon, 278 A.D.2d 941, lv denied 96 N.Y.2d 786). In any event, defendant's contention is without merit. To the extent that the further contention of defendant that he was denied effective assistance of counsel survives his plea of guilty ( see People v. Cass, 1 A.D.3d 1025; People v. Burke, 256 A.D.2d 1244, lv denied 93 N.Y.2d 851), we conclude that his contention lacks merit ( see People v. Ford, 86 N.Y.2d 397, 404; People v. Thompson, 4 A.D.3d 785). Finally, the sentence is neither unduly harsh nor severe.