| People v McCallum |
| 2011 NY Slip Op 04275 [84 AD3d 1117] |
| May 17, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamesMcCallum, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Lois CullenValerio, and Richard Longworth Hecht of counsel), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Westchester County(Holdman, J.), both rendered May 7, 2010, convicting him of criminal possession of a weapon inthe second degree under indictment No. 09-0774, and tampering with physical evidence underindictment No. 09-1090, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
Since the defendant did not move to withdraw his pleas of guilty, he failed to preserve forappellate review his claim that his pleas were not knowing, voluntary, or intelligent, and nothingthe defendant said during the plea colloquy implicated the narrow exception to the preservationrule enunciated in People v Lopez (71 NY2d 662, 665 [1988]) (see People vBrown, 78 AD3d 723, 723-724 [2010]; People v Patel, 74 AD3d 1098, 1099 [2010]).
Insofar as the record permits review of the defendant's claim that he was deprived of his rightto the effective assistance of counsel in connection with his pleas of guilty, the defendant's claimis without merit (see People v Watt, 82 AD3d 912 [2011]; People v Burgess, 81AD3d 969 [2011]). Mastro, J.P., Balkin, Leventhal and Belen, JJ., concur.