| People v Gomez |
| 2019 NY Slip Op 02720 [171 AD3d 944] |
| April 10, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Luis Gomez, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Glenn Green of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mark D.Cohen, J.), rendered May 6, 2016, convicting him of attempted assault in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Pursuant to a plea agreement, the defendant pleaded guilty to attempted assault in the seconddegree and was sentenced to a definite term of imprisonment of eight months. On appeal, thedefendant contends that his statements to the Department of Probation and to the Supreme Courtat the sentencing proceeding cast doubt on whether his plea of guilty was knowing, voluntary,and intelligent. The defendant's contention is unpreserved for appellate review, since he did notmove to withdraw the plea (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Gomez, 114 AD3d 701,702 [2014]; People v Pryor, 11AD3d 565, 566 [2004]). In any event, the defendant's contention is without merit. During thesentencing proceeding, the court engaged the defendant in a thorough colloquy regarding thedefendant's decision to plead guilty, his desire to go forward with the plea of guilty, and his guiltof the crime to which he pleaded guilty. The court's careful inquiry at sentencing put to rest anypossible question about the validity of the defendant's plea of guilty (see People v Axel M., 122 AD3d946, 947 [2014]; People vIngram, 80 AD3d 713, 714 [2011]). Balkin, J.P., Chambers, Miller and Iannacci, JJ.,concur.