People v Hammonds
2012 NY Slip Op 00386 [91 AD3d 791]
Jnury 17, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 29, 2012


The People of the State of New York,Respondent,
v
Charles Hammonds, Appellant.

[*1]Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and RichardLongworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace,J.), rendered June 1, 2010, convicting him of criminal possession of a controlled substance in thethird degree, 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 voluntary because it was coerced isunpreserved for appellate review, since he did not move to withdraw his plea on that ground(see CPL 470.05 [2]; People vStrong, 80 AD3d 717 [2011]; People v Scivolette, 80 AD3d 630 [2011]; People v Martinez, 78 AD3d 966[2010]). The defendant's additional contention that his plea was not voluntary because heexpressed some hesitancy in entering the plea is likewise unpreserved for appellate review (see People v Antoine, 59 AD3d560 [2009]; People vCastillo-Cordero, 54 AD3d 1054 [2008]; People v Bevins, 27 AD3d 572 [2006]; People v Martin, 7 AD3d 640[2004]). In any event, the record demonstrates that the defendant's plea of guilty was knowingly,voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543[1993]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; People vNixon, 21 NY2d 338 [1967], cert denied sub nom. Robinson v New York, 393 US1067 [1969]). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.


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