Opinion
2011-10-25
The PEOPLE, etc., respondent,v.Jamell GIBSON, also known as Jermell Gibson, appellant.
Michael G. Paul, New City, N.Y., for appellant.William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered May 6, 2010, convicting him of criminal possession of a weapon 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 knowingly, voluntarily, and intelligently entered is unpreserved for appellate review, since he did not move to withdraw his plea on that ground prior to sentencing ( see CPL 470.05[2]; People v. Jones, 84 A.D.3d 1409, 1410, 924 N.Y.S.2d 280; People v. Paulin, 82 A.D.3d 910, 918 N.Y.S.2d 368). In any event, the record demonstrates that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see
People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Paulin, 82 A.D.3d at 910, 918 N.Y.S.2d 368).
The defendant's contention that he was deprived of the effective assistance of counsel is without merit ( see People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265).
The defendant's contention that his sentence was excessive is without merit. The defendant received the minimum sentence allowable for a second felony offender convicted of a class C violent felony offense ( see Penal Law § 70.06[6][b]; People v. Berrouet, 84 A.D.3d 1392, 923 N.Y.S.2d 887, lv. denied 17 N.Y.3d 813, 929 N.Y.S.2d 802, 954 N.E.2d 93; People v. Seabrooks, 82 A.D.3d 1130, 1132, 918 N.Y.S.2d 797).
RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.