| People v Glusko |
| 2014 NY Slip Op 00683 [114 AD3d 701] |
| February 5, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v John Glusko, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), rendered April 13, 2011, convicting him of 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 not knowing, voluntary, andintelligent is unpreserved for appellate review, since he did not move to withdraw theplea (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Pryor, 11 AD3d565 [2004]). In any event, the plea was knowingly, voluntarily, and intelligentlymade (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People vLopez, 71 NY2d at 666; People v Harris, 61 NY2d 9, 17 [1983]). Thedefendant's postplea assertions regarding the defense of justification did not warrantvacatur of his plea of guilty (seePeople v Bunn, 79 AD3d 1143 [2010]).
The defendant was not deprived of the effective assistance of counsel, as defensecounsel provided meaningful representation (see People v Benevento, 91 NY2d708 [1998]; People v Baldi, 54 NY2d 137 [1981]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Skelos, J.P., Lott, Roman and Miller, JJ., concur.