Majority
p. 791The People of the State of New York, Respondent, v Charles Hammonds, Appellant. [936 NYS2d 905]
The defendant’s contention that his plea of guilty was not voluntary because it was coerced is unpreserved for appellate review, since he did not move to withdraw his plea on that ground (see CPL 470.05 [2]; People v Strong, 80 AD3d 717
p. 792
[2011]; People v Scivolette, 80 AD3d 630 [2011]; People v Martinez, 78 AD3d 966 [2010]). The defendant’s additional contention that his plea was not voluntary because he expressed some hesitancy in entering the plea is likewise unpreserved for appellate review (see People v Antoine, 59 AD3d 560 [2009]; People v Castillo-Cordero, 54 AD3d 1054 [2008]; People v Bevins, 27 AD3d 572 [2006]; People v Martin, 7 AD3d 640 [2004]). In any event, the record demonstrates that the defendant’s plea of guilty was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536 , 543 [1993]; People v Callahan, 80 NY2d 273 , 283 [1992]; People v Moissett, 76 NY2d 909 , 910-911 [1990]; People v Harris, 61 NY2d 9 , 16 [1983]; People v Nixon, 21 NY2d 338 [1967], cert denied sub nom. Robinson v New York, 393 US 1067 [1969]). Rivera, J.E, Eng, Chambers, Sgroi and Miller, JJ., concur.
Cases cited
- People v. Scivolette 80 AD3d 630 p. 792
- People v. Martinez 78 AD3d 966 p. 792
- People v. Castillo-Cordero 54 AD3d 1054 p. 792
- People v. Fiumefreddo 82 NY2d 536 at 543 p. 792
- People v. Callahan 80 NY2d 273 at 283 p. 792
- People v. Moissett 76 NY2d 909 at 910-911 p. 792
- People v. Harris 61 NY2d 9 at 16 p. 792
- People v. Nixon 21 NY2d 338 p. 792