| People v Mays |
| 2011 NY Slip Op 04495 [84 AD3d 1269] |
| May 24, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Walter Mays, 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 (Hayes, J.),rendered January 23, 2009, convicting him of criminal sexual act in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record shows that he entered a valid waiver ofindictment, and freely and voluntarily consented to prosecution by superior court information(see People v McKenzie, 51 AD3d 823 [2008]).
The defendant's contention that his plea of guilty was not knowingly, voluntarily, andintelligently made is unpreserved for appellate review since he did not move to withdraw his pleaon that ground prior to sentencing (see CPL 470.05 [2]; People v Trent, 74 AD3d1370 [2010]; People v Simpson, 52 AD3d 846 [2008]; People v Ramsey, 49AD3d 565 [2008]; People v Rusielewicz, 45 AD3d 704 [2007]). In any event, his pleawas knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d536, 543 [1993]).
The defendant's contention that he was deprived of the effective assistance of counsel iswithout merit (see People v Ford, 86 NY2d 397, 404 [1995]).
Since the defendant pleaded guilty with the understanding that he would receive the sentencewhich was thereafter actually imposed, he has no basis to now complain that the sentenceimposed was excessive (see People v Kazepis, 101 AD2d 816, 817 [1984]). Rivera, J.P.,Angiolillo, Eng, Chambers and Sgroi, JJ., concur.