Appeal from a judgment of the Supreme Court, Monroe County (Elma A. Bellini, J.), rendered March 15, 2010. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Defendant further contends that the plea was not knowingly, voluntarily, and intelligently entered because the court failed to advise him of the Boykin rights. That contention likewise is not preserved for our review inasmuch as defendant did not move to withdraw the plea on that ground (see People v Conceicao, 26 NY3d 375, 382 [2015]; cf. People v Monroe, 98 AD3d 1293, 1294 [2012], lv denied 20 NY3d 1013 [2013]).
The court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea. Defendant’s assertions that
We reject defendant’s contention that he did not receive effective assistance of counsel. Defendant “received an advantageous plea, and ‘nothing in the record casts doubt on the apparent effectiveness of counsel’ ” (People v Shaw, 133 AD3d 1312, 1313 [2015], lv denied 26 NY3d 1150 [2016], quoting People v Ford, 86 NY2d 397, 404 [1995]; see People v Martin, 136 AD3d 1310, 1311 [2016]). Contrary to defendant’s further contention, County Court (Connell, J.) properly determined after a hearing that he was competent to proceed (see People v Mendez, 1 NY3d 15, 19-20 [2003]; People v Wright, 107 AD3d 1398, 1399 [2013], lv denied 23 NY3d 1026 [2014]). We reject defendant’s contention that County Court erred in refusing to suppress his statement to the police. Although the interrogation by the police occurred over a 10-hour period, defendant was given food, drink, and cigarettes, and there were breaks in the interrogation. In addition, at one point the detectives began terminating the interrogation, but defendant asked them to “sit back down and . . . talk to [him].” We conclude that, “[c]onsidering all the circumstances, the statement was not involuntary” (People v Weeks, 15 AD3d 845, 847 [2005], lv denied 4 NY3d 892 [2005]; see People v Collins, 106 AD3d 1544, 1545 [2013], lv denied 21 NY3d 1072 [2013]). The sentence is not unduly harsh or severe. We have considered defendant’s remaining contentions and conclude that they are without merit.
