| People v Hernandez-Bautista |
| 2011 NY Slip Op 07858 [89 AD3d 749] |
| November 1, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v EfrainHernandez-Bautista, 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 (Dolan, J.),rendered July 29, 2010, convicting him of rape in the first degree, upon his plea of guilty, andimposing 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 Gantt, 85 AD3d 815, 816[2011]). In any event, his plea was knowingly, voluntarily, and intelligently made (see Peoplev Fiumefreddo, 82 NY2d 536, 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]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982];cf. People v Kazepis, 101 AD2d 816, 817 [1984]). Rivera, J.P., Florio, Eng, Hall andCohen, JJ., concur.