Opinion
KA 02-02044.
Decided April 30, 2004.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered March 11, 2002. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, SCUDDER, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of robbery in the first degree (Penal Law § 160.15). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was coerced ( see People v. Newman [appeal No. 1], 231 A.D.2d 875, lv denied 89 N.Y.2d 944; see generally People v. Lopez, 71 N.Y.2d 662, 665). This is not one of those rare cases in which preservation is not required ( see Lopez, 71 N.Y.2d at 666). 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. Hilken, 6 A.D.3d 1109 [Apr. 30, 2004]), we conclude that it lacks merit ( see People v. Ford, 86 N.Y.2d 397, 404).