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The PEOPLE, etc., respondent, v. Michael SCOCA, appellant.
Appeal by the defendant from a judgment of the County Court, Westchester County (Walker, J.), rendered August 10, 2005, convicting him of attempted violation of Workers' Compensation Law § 114, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's claim that the plea of guilty was not knowing, voluntary, and intelligent because it was coerced is unpreserved for appellate review since he did not move to withdraw his plea on that basis (see People v. Velazquez, 21 A.D.3d 388, 798 N.Y.S.2d 919; People v. Reels, 17 A.D.3d 488, 795 N.Y.S.2d 241; People v. Morales, 17 A.D.3d 487, 795 N.Y.S.2d 240).
The defendant's challenge, on the ground that he did not violate a condition of the plea agreement, to the imposition of an enhanced sentence also is unpreserved for appellate review since he failed to object to the sentence or move to withdraw his plea on that basis (see People v. Godfrey, 33 A.D.3d 623, 822 N.Y.S.2d 135, lv. denied 8 N.Y.3d 846, 830 N.Y.S.2d 705, 862 N.E.2d 797; People v. Thomas, 2 A.D.3d 758, 768 N.Y.S.2d 614; People v. Gayle, 224 A.D.2d 710, 638 N.Y.S.2d 733).
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Decided: March 20, 2007
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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