THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JUAN CIRINO DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JUAN CIRINO, DEFENDANT–APPELLANT.

KA 17–00462

Decided: March 16, 2018

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.

LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of murder in the second degree (Penal Law

§ 125.25 [1] ) and assault in the first degree (§ 120.10[1] ). As defendant correctly concedes, he failed to preserve for our review his contention that County Court erred in accepting his guilty plea inasmuch as he did not move to withdraw the plea or to vacate the judgment of conviction (see People v. Karlsen, 147 AD3d 1466, 1468 [4th Dept 2017], lv denied 29 NY3d 1082 [2017] ), and this case does not fall within the rare exception to the preservation requirement (see People v. Lopez, 71 N.Y.2d 662, 666 [1988] ). We reject defendant's challenge to the severity of the sentence.

Mark W. Bennett

Clerk of the Court

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