| People v Iadicicco |
| 2012 NY Slip Op 07713 [100 AD3d 1147] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v WandaIadicicco, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered October 12, 2010, convicting defendant upon her plea of guilty of the crime of burglaryin the second degree.
Defendant pleaded guilty to burglary in the second degree and was sentenced, in accordancewith the plea agreement, to 3½ years in prison followed by five years of postreleasesupervision. Defendant appeals.
Defendant's contention that she was denied the effective assistance of counsel given counsel'sfailure to request a Mapp hearing is unpreserved for our review inasmuch as the recordbefore us does not indicate that defendant moved to withdraw her plea or vacate the judgment ofconviction (see People v Shiels, 93AD3d 992 [2012]; People vCampbell, 81 AD3d 1184, 1185 [2011]). Defendant's further claim that the sentenceimposed was harsh and excessive is without merit, as County Court imposed the minimumlegally permissible sentence for burglary in the second degree (see Penal Law §70.02 [3] [b]).
Rose, Spain, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.