| People v Nowell |
| 2007 NY Slip Op 09801 [46 AD3d 707] |
| December 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KevinNowell, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois C. Valerio and Anthony J. Servinoof counsel; Ashely C. Allen on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr,J.), rendered September 13, 2006, convicting him of rape in the first degree, upon his plea ofguilty, and imposing a sentence.
Ordered that the judgment is affirmed.
The defendant's claim that he did not knowingly, intelligently, and voluntarily enter his guiltyplea is unpreserved for appellate review since he did not move to withdraw his plea or vacate thejudgment of conviction in the County Court (see People v Clarke, 93 NY2d 904, 905[1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Tinsley, 32 AD3d 447[2006]; People v Ackridge, 31AD3d 654 [2006]). In any event, the defendant's plea of guilty was voluntarily entered in thepresence of competent counsel after the court had advised him of the consequences of the pleaand after the court had conducted a sufficient inquiry to assure itself that the defendant waspleading guilty because he was in fact guilty (see People v Fiumefreddo, 82 NY2d 536[1993]; People v Harris, 61 NY2d 9 [1983]; People v Rizzo, 38 AD3d 571 [2007]; People v Mead, 27 AD3d 767[2006]). Spolzino, J.P., Skelos, Lifson and McCarthy, JJ., concur.