People v. Hernandez-Gonzalez

210 A.D.3d 1006

178 N.Y.S.3d 574

The PEOPLE, etc., respondent,

v.Francisco HERNANDEZ–GONZALEZ, appellant.

2021–04818

Ind. No. 355/20

Supreme Court, Appellate Division, Second Department, New York.

Submitted—October 28, 2022

November 23, 2022

N. Scott Banks, Hempstead, NY (Tammy Feman and Mia Guthart of counsel), for appellant.

Anne T. Donnelly, District Attorney, Mineola, NY (Daniel Bresnahan and Hilda Mortensen of counsel), for respondent.

BETSY BARROS, J.P., JOSEPH J. MALTESE, JOSEPH A. ZAYAS, LILLIAN WAN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Patricia Harrington, J.), rendered June 9, 2021, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree and aggravated driving while intoxicated, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his plea of guilty was not knowing, intelligent, and voluntary. This contention is unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise the issue before the Supreme Court (see CPL 220.60, 470.05[2] ; People v. Gutierrez, 194 A.D.3d 839, 840, 143 N.Y.S.3d 897 ; People v. Contreras, 170 A.D.3d 1034, 1035, 95 N.Y.S.3d 325 ). In any event, the defendant's contention is without merit (see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ).

Contrary to the defendant's contention, a mode of proceedings error did not occur when the Supreme Court clerk asked him a single confirmatory question during the plea allocution (see generally People v. Johnson, 140 A.D.3d 1188, 1189, 35 N.Y.S.3d 375 ; People v. Sanchez, 284 A.D.2d 137, 725 N.Y.S.2d 548 ).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

BARROS, J.P., MALTESE, ZAYAS and WAN, JJ., concur.