People v Irvin

People v Irvin 2013 NY Slip Op 03851 Decided on May 29, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 29, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
2011-10451
(Ind. No. 09-01407)

[*1]The People of the State of New York, respondent,

v

Shaman Irvin, appellant.




Mark Diamond, New York, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin
Liu, Laurie G. Sapakoff, Steven A.
Bender, and Richard Longworth
Hecht of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Zambelli, J.), rendered September 13, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his plea was involuntarily entered, because he failed to move to vacate his plea or otherwise raise this issue before the Supreme Court (see People v Fernandez, 103 AD3d 813; People v Tuffini, 101 AD3d 1053, lv denied 20 NY3d 1104). In any event, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543; People v Fernandez, 103 AD3d at 814).
DILLON, J.P., ANGIOLILLO, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court