Opinion
No. 2005-04120.
February 13, 2007.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered April 7, 2005, convicting him of criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
James D. Licata, New City, N.Y. (Lois Cappelleti of counsel), for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.
Before: Rivera, J.P., Santucci, Skelos and McCarthy, JJ.,
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly denied, after a hearing, that branch of the defendant's omnibus motion which was to suppress physical evidence ( see People v Leung, 68 NY2d 734; People v Boodle, 47 NY2d 398; cf. Florida v J.L., 529 US 266; People v Moore, 6 NY3d 496).
The defendant's contention that the County Court should have allowed him to withdraw his plea is unpreserved for appellate review ( see People v Lopez, 71 NY2d 662, 665). Although defense counsel initially stated that the defendant wished to withdraw his plea, counsel later stated that she was "not asking to make a motion" to withdraw the plea and that the defendant was prepared for sentencing. In any event, the defendant's plea of guilty was intelligently, knowingly, and voluntarily made ( see People v Garcia, 92 NY2d 869, 870; People v Fiumefreddo, 82 NY2d 536, 543; People v Harris, 61 NY2d 9, 17).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).