May 29, 2013
The People of the State of New York, respondent,
Shaman Irvin, appellant. Ind. No. 09-01407
Mark Diamond, New York, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Laurie G. Sapakoff, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO LEONARD B. AUSTIN SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Zambelli, J.), rendered September 13, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his plea was involuntarily entered, because he failed to move to vacate his plea or otherwise raise this issue before the Supreme Court (see People v Fernandez, 103 A.D.3d 813; People v Tuffini, 101 A.D.3d 1053, lv denied 20 N.Y.3d 1104). In any event, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 N.Y.2d 536, 543; People v Fernandez, 103 A.D.3d at 814).
DILLON, J.P., ANGIOLILLO, AUSTIN and HINDS-RADIX, JJ., concur.