People v Litchmore

People v Litchmore 2014 NY Slip Op 02614 Decided on April 16, 2014 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 April 16, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SANDRA L. SGROI
HECTOR D. LASALLE, JJ.
2011-02346
(Ind. No. 5548/09)

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

v

Alonzo Litchmore, appellant.




Scott A. Rosenberg, New York, N.Y. (William B. Carney of
counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y.
(Leonard Joblove and Amy Appelbaum of
counsel; Gregory Musso on the brief),
for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered February 8, 2011, convicting him of robbery in the first degree (three counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea was not knowing and voluntary is unpreserved for appellate review, since he failed to move to withdraw his plea (see CPL 470.05[2]; People v Johnson, 73 AD3d 951; People v Vasquez, 40 AD3d 1134; People v Wilson, 37 AD3d 744, 745). In any event, the record of the plea proceeding establishes that the plea was knowing and voluntary (see People v Elcine, 43 AD3d 1176, 1177).

Contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
MASTRO, J.P., BALKIN, SGROI and LASALLE, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court