People v. Hammonds

Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace, J.), rendered June 1, 2010, convicting him of criminal possession of a controlled substance in the third 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 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 A.D.3d 717, 914 N.Y.S.2d 679; People v. Scivolette, 80 A.D.3d 630, 914 N.Y.S.2d 662; People v. Martinez, 78 A.D.3d 966, 910 N.Y.S.2d 684). 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 A.D.3d 560, 872 N.Y.S.2d 283; People v. Castillo–Cordero, 54 A.D.3d 1054, 864 N.Y.S.2d 567; People v. Bevins, 27 A.D.3d 572, 811 N.Y.S.2d 429; People v. Martin, 7 A.D.3d 640, 776 N.Y.S.2d 499). In any event, the record demonstrates that the defendant's plea of guilty 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; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Moissett, 76 N.Y.2d 909, 910–911, 563 N.Y.S.2d 43, 564 N.E.2d 653; People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Nixon, 21 N.Y.2d 338, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709).

RIVERA, J.P., ENG, CHAMBERS, SGROI and MILLER, JJ., concur.