People v. Ormsby

2022 NY Slip Op 04567

The People of the State of New York, respondent, v. Haniel Ormsby, appellant.

No. 2020-04037, Ind. No. 258/18

Supreme Court of New York, Second Department

July 13, 2022

Steven A. Feldman, Manhasset, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

FRANCESCA E. CONNOLLY, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J), rendered July 25, 2019, as amended July 26, 2019, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment, as amended, is affirmed.

The defendant's contention that his plea of guilty was coerced by the Supreme Court is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the court (see People v Clarke, 93 N.Y.2d 904, 905; People v Deleon, 204 A.D.3d 830; People v Morales, 202 A.D.3d 997; People v Watts, 192 A.D.3d 1048). In any event, the contention is without merit. The record as a whole indicates that the defendant's plea of guilty was knowingly, intelligently, and voluntarily entered (see People v Brown, 14 N.Y.3d 113, People v Deleon, 204 A.D.3d 830; People v Morales, 202 A.D.3d 997).

The defendant's contention that the sentence imposed violated the Eighth Amendment to the United States Constitution and article I, section 5, of the New York Constitution prohibiting cruel and unusual punishment is unpreserved for appellate review (see People v Pena, 28 N.Y.3d 727, 730; People v Brewster, 188 A.D.3d 1246, 1246; People v Rolling, 186 A.D.3d 1264, 1265; People v Cerasaro, 179 A.D.3d 832) and, in any event, without merit (see People v Brewster, 188 A.D.3d at 1246; People v Parsley, 150 A.D.3d 894, 896). The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.