| People v Gantt |
| 2011 NY Slip Op 05091 [85 AD3d 815] |
| June 7, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LarryGantt, Sr., Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered August 27, 2010, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
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 AD3d 1370[2010]; People v Simpson, 52 AD3d846 [2008]; People v Ramsey,49 AD3d 565 [2008]; People vRusielewicz, 45 AD3d 704 [2007]). In any event, his plea was knowingly, voluntarily,and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Martinez, 33 AD3d 631,632 [2006]; cf. People v Muriale, 159 AD2d 651 [1990]).
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]). Mastro, J.P.,Florio, Leventhal, Belen and Cohen, JJ., concur.