| People v Ortiz |
| 2014 NY Slip Op 02958 [116 AD3d 1070] |
| April 30, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony M. Ortiz, Appellant. |
—[*1] Adam B. Levy, District Attorney, Carmel, N.Y. (Heather M. Abissi of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Putnam County(Rooney, J.), entered June 12, 2013, convicting him of attempted burglary in the seconddegree, 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 assertion regarding the defense of insanity did not warrant vacaturof his plea of guilty (see Peoplev Bunn, 79 AD3d 1143 [2010]).
The defendant was not denied the effective assistance of counsel, as defense counselprovided meaningful representation (see People v Benevento, 91 NY2d 708[1998]; People v Baldi, 54 NY2d 137 [1981]).
The defendant's valid waiver of his right to appeal precludes review of his contentionthat the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Sanders, 112 AD3d748 [2013]). Mastro, J.P., Hall, Austin, Sgroi and Duffy, JJ., concur.