| People v Cannon |
| 2009 NY Slip Op 00785 [59 AD3d 962] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v TyroneCannon, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Matthew H. James of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered May20, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the firstdegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of robbery in the first degree (Penal Law § 160.15 [4]). By failing to move to withdraw hisplea or to vacate the judgment of conviction, defendant failed to preserve for our review hiscontention that his plea was not knowing, voluntary and intelligent (see People v VanDeViver, 56 AD3d1118 [2008]). In any event, that contention is belied by the record. The further contention ofdefendant with respect to his purported waiver of the right to appeal is also without meritinasmuch as the record establishes that defendant did not waive his right to appeal. Finally, thesentence is not unduly harsh or severe. Present—Scudder, P.J., Hurlbutt, Martoche, Greenand Gorski, JJ.