People v Leshore
2013 NY Slip Op 03343 [106 AD3d 836]
May 8, 2013
Appellate Division, Second Department
As corrected through Wednesday, June 26, 2013


The People of the State of New York,Respondent,
v
Vernon Leshore, Appellant.

[*1]Charles E. Holster III, Mineola, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Kevin C.King of counsel), for respondent.

Appeal by the defendant from a judgment of Supreme Court, Nassau County (Kase,J.), rendered June 6, 2011, convicting him of attempted assault in the second 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 involuntary and coerced isunpreserved for appellate review because he did not move to vacate his plea or otherwiseraise these issues before the Supreme Court (see People v Tuffini, 101 AD3d 1053 [2012]; People v Lopez, 34 AD3d599 [2006]). In any event, the defendant's contentions that his plea was involuntarybecause his counsel was ineffective in failing to provide him with copies of certaindiscovery and because the court did not sufficiently inquire into his request for newcounsel on that basis are without merit (see People v Porto, 16 NY3d 93 [2010]; People v Melendez-Smith, 66AD3d 1042 [2009]). The record demonstrates that the defendant was timelyprovided with the discovery. Contrary to the defendant's further contention that his pleawas coerced by virtue of certain medical conditions from which he was suffering, therecord demonstrates that the defendant's plea of guilty was entered knowingly,voluntarily, and intelligently (see People v Franco, 104 AD3d 790 [2d Dept 2013]; People v Tuffini, 101 AD3d1053 [2012]).

The defendant's remaining contentions either are without merit or need not bereached in light of our determination. Skelos, J.P., Dickerson, Lott and Roman, JJ.,concur.


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