Peoplev.Tuffini

Supreme Court, Appellate Division, Second Department, New York.Dec 19, 2012
955 N.Y.S.2d 523 (N.Y. App. Div. 2012)
955 N.Y.S.2d 523101 A.D.3d 10532012 N.Y. Slip Op. 8773

2012-12-19

The PEOPLE, etc., respondent, v. Terrence E. TUFFINI, appellant.

Salvatore C. Adamo, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.


Salvatore C. Adamo, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.


Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered March 28, 2011, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

*524ORDERED that the judgment is affirmed.

Although a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal ( see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022), the defendant's contention that his plea was not voluntary is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the County Court ( see People v. Perez, 51 A.D.3d 1043, 861 N.Y.S.2d 63). In any event, a plea of guilty will be upheld as valid if it 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. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170). Here, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently.

The defendant received the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).

RIVERA, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.