| People v Tuffini |
| 2012 NY Slip Op 08773 [101 AD3d 1053] |
| December 19, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Terrence E. Tuffini, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.),rendered March 28, 2011, convicting him of burglary in the third degree, upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntary survives a valid waiver of the rightto appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]), the defendant's contention thathis plea was not voluntary is unpreserved for appellate review because he did not move to vacatehis plea or otherwise raise this issue before the County Court (see People v Perez, 51 AD3d 1043 [2008]). In any event, a plea ofguilty will be upheld as valid if it was entered knowingly, voluntarily, and intelligently (seePeople v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662,666 [1988]; People v Harris, 61 NY2d 9, 17 [1983]). Here, the defendant's plea of guiltywas entered knowingly, voluntarily, and intelligently.
The defendant received the effective assistance of counsel (see People v Benevento,91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Rivera, J.P., Dickerson,Leventhal and Lott, JJ., concur.