| People v Santos |
| 2012 NY Slip Op 00811 [91 AD3d 974] |
| January 31, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Juan Santos, Appellant. |
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Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer and Joseph
Mogelnicki of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayres, J.), rendered June 28, 2006, convicting him of rape in the first 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 knowingly, voluntarily, and intelligently made is unpreserved for appellate review since he did not move to withdraw his plea on that ground prior to sentencing (see CPL 470.05 [2]; People v Hernandez-Bautista, 89 AD3d 749 [2011]; People v Gantt, 85 AD3d 815, 816 [2011]). In any event, his plea was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.