| People v Finn |
| 2009 NY Slip Op 04441 [63 AD3d 755] |
| June 2, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KyaFinn, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Dunnock and Andrew R.Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered October 24, 2007, convicting her of burglary in the second degree, upon her plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that her plea of guilty was not knowing, voluntary, and intelligentis unpreserved for appellate review since she did not move to withdraw her plea of guilty prior tosentencing (see CPL 220.60 [3]; People v Pellegrino, 60 NY2d 636 [1983]; People v Kornegay, 60 AD3d 696[2009]; People v LeGrady, 50AD3d 1059, 1060 [2008]; People vRamsey, 49 AD3d 565 [2008]). Although the defendant made a post-conviction motionpursuant to CPL article 440 to vacate the judgment, the issues raised in that motion are notproperly before us on this direct appeal (see People v DaCosta, 217 AD2d 661, 662[1995]; People v Esposito, 157 AD2d 850 [1990]). In any event, we find that the pleawas knowing, voluntary, and intelligent (see People v Harris, 61 NY2d 9, 17 [1983]).
The defendant's claim that she did not receive the effective assistance of counsel is withoutmerit. We find that the defendant was afforded meaningful representation (see People vFord, 86 NY2d [*2]397, 404 [1995]; People v Baldi,54 NY2d 137, 147 [1981]). Spolzino, J.P., Santucci, Angiolillo, Leventhal and Lott, JJ., concur.