People v Ellis, 2018 NY Slip Op 08683 [167 AD3d 931]

December 19, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Devon Ellis, Appellant.

Leonard J. Levenson, New York, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Anne E. Minihan, J.), rendered July 13, 2015, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise the issues in the County Court that he has asserted on appeal ( see People v Williams , 27 NY3d 212 , 214 [2016]; People v Donovan , 133 AD3d 615 [2015]; People v Williams , 129 AD3d 1000 [2015]). In any event, the defendant’s contention is without merit, as the record of the plea proceedings establishes that the defendant’s plea of guilty was knowingly, voluntarily, and intelligently made ( see People v Fiumefreddo , 82 NY2d 536, 543 [1993]; People v Harris , 61 NY2d 9, 16 [1983]). Roman, J.P., Miller, Connolly and Iannacci, JJ., concur..