| People v Hayes |
| 2012 NY Slip Op 00387 [91 AD3d 792] |
| Jnury 17, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ralphie Hayes, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.),rendered April 2, 2009, convicting him of robbery in the third 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 hisplea on 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]).
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.,Eng, Chambers, Sgroi and Miller, JJ., concur.