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The PEOPLE, etc., respondent, v. Jo

Matthew Muraskin, Port Jefferson, N.Y., for appellant. *863 Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered June 2, 2010, convicting him of criminal possession of a weapon in the second 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 knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw the plea on that ground ( see CPL 470.05[2]; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Carr, 89 A.D.3d 1033, 933 N.Y.S.2d 372). In any event, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Jones, 183 A.D.2d 918, 584 N.Y.S.2d 151).

ANGIOLILLO, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.
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People v. Jones
(Feb 7, 2012)