| People v Hollingsworth |
| 2010 NY Slip Op 05787 [74 AD3d 1359] |
| June 29, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MarkHollingsworth, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.),rendered September 15, 2009, convicting him of assault in the third degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
Since the defendant failed to move to withdraw his plea, his contention that his plea was notknowingly, voluntarily, and intelligently entered is unpreserved for appellate review (seePeople v Antoine, 59 AD3d 560 [2009]; People v Castillo-Cordero, 54 AD3d 1054[2008]). In any event, his plea of guilty was knowingly, voluntarily, and intelligently entered(see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Thomas, 63AD3d 642 [2009]; People v Elkin, 154 AD2d 936 [1989]).
The defendant was afforded the effective assistance of counsel (see Strickland vWashington, 466 US 668, 687 [1984]; People v Baldi, 54 NY2d 137, 147 [1981];People v Brooks, 36 AD3d 929, 930 [2007]; People v Grimes, 35 AD3d 882,883 [2006]).
Since the defendant pleaded guilty with the understanding that he would receive the sentencewhich was thereafter actually imposed, he has no basis now to complain that the sentence wasexcessive (see People v De Alvarez, 59 AD3d 732 [2009]; People v Fanelli, 8AD3d 296 [2004]; People v Mejia, 6 AD3d 630, 631 [2004]; People v Kazepis,101 AD2d 816 [1984]). In any event, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Rivera, J.P., Florio, Dickerson, Chambers and Lott, JJ., concur.