People v Canole
2014 NY Slip Op 08854 [123 AD3d 940]
December 17, 2014
Appellate Division, Second Department
As corrected through Wednesday, January 28, 2015


[*1]
 The People of the State of New York,Respondent,
v
Christopher Canole, Appellant.

Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant.

David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz ofcounsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County(Berry, J.), rendered November 30, 2012, convicting him of arson 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]; see also People v M'Lady, 59AD3d 568 [2009]). Skelos, J.P., Leventhal, Hinds-Radix, Duffy and LaSalle, JJ.,concur.


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