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The People of the State of New York v. John Daley

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


April 15, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JOHN DALEY,
DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Arthur Birnbaum, J.), rendered September 15, 2006, convicting him, upon a plea of guilty, of theft of services, and imposing sentence.

Per curiam.

People v Daley (John)

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 15, 2011

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ

Judgment of conviction (Arthur Birnbaum, J.), rendered September 15, 2006, affirmed.

Defendant's present challenge to the plea allocution is not preserved for appellate review, since he failed to move to withdraw his plea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice (see People v Greeman, 49 AD3d 463, 464 [2008], lv denied 10 NY3d 934 [2008]; People v Sullivan, 25 Misc 3d 140[A], 2009 NY Slip Op 52408[U] [2009]). Were we to review this claim, we would find that the record establishes that defendant "voluntarily, knowingly and intelligently" pleaded guilty (People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see People v Sands, 45 AD3d 414, 415 [2007], lv denied 10 NY3d 816 [2008]; People v Plaskett, 303 AD2d 276, 277 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: April 15, 2011

20110415

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