People v Epps
2014 NY Slip Op 04785 [118 AD3d 1018]
June 25, 2014
Appellate Division, Second Department
As corrected through Wednesday, July 30, 2014


[*1]
 The People of the State of New York,Respondent,
v
Calvin R. Epps, Appellant.

Michael G. Paul, New City, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea ofcounsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), rendered December 17, 2012, convicting him of 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 Pryor, 11AD3d 565, 566 [2004]). In any event, the plea was knowingly, voluntarily, andintelligently entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Lopez, 71 NY2d 662, 666 [1988]; People v Harris, 61 NY2d 9,17 [1983]).

The defendant was not deprived of the effective assistance of counsel, as defensecounsel provided meaningful representation (see People v Benevento, 91 NY2d708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80,85 [1982]). Mastro, J.P., Hall, Lott, Austin and Duffy, JJ., concur.


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