People v Sheskier

People v Sheskier 2014 NY Slip Op 00909 Decided on February 13, 2014 Appellate Division, Third 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 and Entered: February 13, 2014
105035

[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

EDWARD J. SHESKIER, Appellant.

Calendar Date: January 10, 2014
Before: Lahtinen, J.P., Stein, McCarthy and Egan Jr., JJ.


Theodore J. Stein, Woodstock, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan
Gudesblatt Lamb of counsel), for respondent.

MEMORANDUM AND ORDER


Lahtinen, J.P.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered December 22, 2011, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to one count of burglary in the second degree. Defendant was thereafter sentenced as a second felony offender to the agreed-upon prison term of 10 years, to be followed by five years of postrelease supervision, and he was ordered to pay restitution. Defendant now appeals.

We affirm. Defendant contends that he received the ineffective assistance of counsel inasmuch as counsel failed to, among other things, move to dismiss the indictment as facially insufficient and to demand a bill of particulars. Because the record does not indicate that defendant moved to withdraw his plea or vacate the judgment of conviction, the issue of ineffective assistance of counsel is unpreserved for this Court's review (see People v Youngblood, 107 AD3d 1159, 1160 [2013], lv denied 21 NY3d 1078 [2013]; People v Masso-Diaz, 107 AD3d 1148, 1149 [2013]; People v Veras, 103 AD3d 984, 985 [2013], lv denied 21 NY3d 947 [2013]). In any event, were this issue properly before us, we would find defendant's contention without merit. Defendant's remaining contention has been rendered moot. [*2]

Stein, McCarthy and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.