People v. Caliste

Marianne Karas, Thornwood, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Monica M.C. Leiter of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered July 10, 2013, convicting him of grand larceny in the third degree, grand larceny in the fourth degree, and petit larceny, 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 knowingly, voluntarily, and intelligently entered is unpreserved for appellate review, since he did not move to withdraw his plea on this ground prior to the imposition of sentence or otherwise raise the issue in the Supreme Court ( see People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617; People v. Murray, 15 N.Y.3d 725, 726, 906 N.Y.S.2d 521, 932 N.E.2d 877; People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704; People v. Slide, 113 A.D.3d 881, 882, 978 N.Y.S.2d 901; People v. Hernandez, 110 A.D.3d 919, 972 N.Y.S.2d 697; cf. People v. Tyrell, 22 N.Y.3d 359, 363–364, 981 N.Y.S.2d 336, 4 N.E.3d 346). In any event, the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Haffiz, 19 N.Y.3d 883, 884, 951 N.Y.S.2d 690, 976 N.E.2d 216; People v. Alexander, 19 N.Y.3d 203, 219, 947 N.Y.S.2d 386, 970 N.E.2d 409; People v. Garcia, 92 N.Y.2d 869, 870–871, 677 N.Y.S.2d 772, 700 N.E.2d 311; cf. People v. Tyrell, 22 N.Y.3d at 366, 981 N.Y.S.2d 336, 4 N.E.3d 346).

RIVERA, J.P., HALL, AUSTIN, MILLER and MALTESE, JJ., concur.