People v Williams |
2004 NY Slip Op 03345 [6 AD3d 1149] |
April 30, 2004 |
Appellate Division, Fourth Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Amir Williams, Appellant. |
—[*1]Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered March 11, 2002. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of robbery in the first degree (Penal Law § 160.15 [3]). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was coerced (see People v Newman [appeal No. 1], 231 AD2d 875 [1996], lv denied 89 NY2d 944 [1997]; see generally People v Lopez, 71 NY2d 662, 665 [1988]). This is not one of those rare cases in which preservation is not required (see Lopez, 71 NY2d at 666). To the extent that the further contention of defendant that he was denied effective assistance of counsel survives his plea of guilty (see People v Hilken, 6 AD3d — [2004]), we conclude that it lacks merit (see People v Ford, 86 NY2d 397, 404 [1995]). Present—Pigott, Jr., P.J., Green, Wisner, Scudder and Gorski, JJ.