| People v Owens |
| 2009 NY Slip Op 08844 [67 AD3d 1029] |
| November 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher Owens, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel),for respondent.
Appeals by the defendant from two judgments of the County Court, Orange County(Rosenwasser, J.), both rendered September 28, 2001, convicting him of attempted murder in thesecond degree under indictment No. 01-00283, and robbery in the first degree under indictmentNo. 01-00345, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant's contention that his pleas were not knowingly, voluntarily, and intelligentlyentered is unpreserved for appellate review because he failed to move to withdraw his pleas priorto sentencing (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Lopez,71 NY2d 662, 665-666 [1988]; People v Velez, 64 AD3d 799 [2009]; People vDoyle, 62 AD3d 898 [2009]). In any event, the defendant's pleas of guilty were enteredknowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543[1993]; People v Doyle, 62 AD3d 898 [2009]).
The defendant's waivers of his right to appeal preclude appellate review of his contentionthat he was denied the effective assistance of counsel, except to the extent that the allegedineffective assistance of counsel may have affected the voluntariness of his pleas (see Peoplev Velez, 64 AD3d 799 [2009]; People v Rossetti, 55 AD3d 637, 638 [2008]), whichit did not. Rivera, J.P., Florio, Miller and Hall, JJ., concur.