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People v CalistePeople v Caliste

Appellate Division of the Supreme Court, Second Department
Nov 12, 2014
2014-00934
Versions:

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 NY3d 168, 182 [2013]; People v Murray, 15 NY3d 725, 726 [2010]; People v Jackson, 114 AD3d 807 [2014]; People v Slide, 113 AD3d 881, 882 [2014]; People v Hernandez, 110 AD3d 919 [2013]; cf. People v Tyrell, 22 NY3d 359, 363-364 [2013]). In any event, the defendant‘s plea of guilty was knowingly, voluntarily, and intelligently entered (see People v Haffiz, 19 NY3d 883, 884 [2012]; People v Alexander, 19 NY3d 203, 219 [2012]; People v Garcia, 92 NY2d 869, 870-871 [1998]; cf. People v Tyrell, 22 NY3d at 366). Rivera, J.P., Hall, Austin, Miller and Maltese, JJ., concur.

Case Details

Case Name: People v Caliste
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Nov 12, 2014
Citations: 2014 NY Slip Op 07679; 122 AD3d 765; 2014-00934
Docket Number: 2014-00934
Court Abbreviation: N.Y. App. Div. 2nd
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