People v Fecu

2009 NY Slip Op 03534 [61 AD3d 991]

April 28, 2009

Appellate Division, Second Department

As corrected through Wednesday, June 10, 2009

The People of the State of New York,Respondent, v Robert Fecu, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burkaof counsel; Xiaobo Chen on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.),rendered September 19, 2006, convicting him of robbery in the second degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to the validity of his plea of guilty is not preserved for appellatereview because he did not move to withdraw the plea (see People v Clarke, 93 NY2d904, 906 [1999]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People vPellegrino, 60 NY2d 636, 637 [1983]). In any event, his contentions are without merit (see People v Akhtar, 13 AD3d383, 383-384 [2004]; cf. Innes v Dalsheim, 864 F2d 974 [1988], cert denied493 US 809 [1989]). Rivera, J.P., Balkin, Leventhal and Lott, JJ., concur.