People v. Valentin

173 A.D.3d 1227

100 N.Y.S.3d 909 (Mem)

The PEOPLE, etc., Respondent,

v.Benjamin VALENTIN, Appellant.

2015–11770

2015–11771

2015–11772

Ind. Nos. 14–00165, 14–00389, 14–00432

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

Submitted - March 26, 2019

June 26, 2019

Anthony N. Iannarelli, Jr., New York, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.

RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, BETSY BARROS, JJ.

DECISION & ORDER

ORDERED that the judgments are affirmed.

The defendant's contention that his pleas of guilty to criminal possession of a controlled substance in the third degree were not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant failed to move to withdraw his pleas prior to the imposition of the sentences or otherwise raise the issue before the County Court (see People v. Walton, 168 A.D.3d 1001, 90 N.Y.S.3d 543 ). In any event, contrary to the defendant's contention, the record does not reflect equivocation 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 A.D.3d 876, 28 N.Y.S.3d 335 ; see also People v. Rodriguez–Abreu, 170 A.D.3d 895, 93 N.Y.S.3d 858 ).

To the extent the defendant contends that the sentences imposed were unlawful, that contention is without merit (see Penal Law §§ 60.01, 60.04, 70.45[2][b] ; 70.70[2][a][1]; People v. Smith, 148 A.D.3d 939, 940, 49 N.Y.S.3d 501 ). Further, since the defendant has completed the sentences imposed, any contention that the sentences should be modified in the interest of justice has been rendered academic (see People v. Raad, 166 A.D.3d 907, 908, 85 N.Y.S.3d 873 ).

BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.