| People v Valentin |
| 2019 NY Slip Op 05166 [173 AD3d 1227] |
| June 26, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Benjamin Valentin, Appellant. |
Anthony N. Iannarelli, Jr., New York, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (William C. Ghee of counsel), forrespondent.
Appeals by the defendant from three judgments of the County Court, Orange County (RobertH. Freehill, J.), all rendered January 22, 2015, each convicting him of criminal possession of acontrolled substance in the third degree, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant's contention that his pleas of guilty to criminal possession of a controlledsubstance in the third degree were not knowing, voluntary, and intelligent is unpreserved forappellate review, since the defendant failed to move to withdraw his pleas prior to the impositionof the sentences or otherwise raise the issue before the County Court (see People v Walton, 168 AD3d1001 [2019]). In any event, contrary to the defendant's contention, the record does not reflectequivocation or confusion on his part as to the nature or consequences of the pleas, but, rather,demonstrates that the defendant's pleas were knowing, voluntary, and intelligent (see People v Anderson, 138 AD3d876 [2016]; see also People vRodriguez-Abreu, 170 AD3d 895 [2019]).
To the extent the defendant contends that the sentences imposed were unlawful, thatcontention is without merit (see Penal Law §§ 60.01, 60.04, 70.45 [2][b]; 70.70 [2] [a] [i]; People vSmith, 148 AD3d 939, 940 [2017]). Further, since the defendant has completed thesentences imposed, any contention that the sentences should be modified in the interest of justicehas been rendered academic (see Peoplev Raad, 166 AD3d 907, 908 [2018]). Balkin, J.P., Cohen, Miller and Barros, JJ.,concur.