Opinion
2012-01-31
The PEOPLE, etc., respondent, v. Juan SANTOS, appellant.
Noel M. Ziegler, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Joseph Mogelnicki of counsel), for respondent.
Noel M. Ziegler, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Joseph Mogelnicki of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayres, J.), rendered June 28, 2006, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review since he did not move to withdraw his plea on that ground prior to sentencing ( see CPL 470.05[2]; People v. Hernandez–Bautista, 89 A.D.3d 749, 749, 931 N.Y.S.2d 907; People v. Gantt, 85 A.D.3d 815, 816, 924 N.Y.S.2d 821). In any event, his plea was knowingly, voluntarily, and intelligently made ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646).