The People, etc., respondent, v. Ralphie Hayes, appellant.

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

The People, etc., respondent, v. Ralphie Hayes, appellant.

2009–03827 (Ind.No. 128/08)

Decided: January 17, 2012

REINALDO E. RIVERA, J.P. RANDALL T. ENG CHERYL E. CHAMBERS SANDRA L. SGROI ROBERT J. MILLER, JJ. Salvatore C. Adamo, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Submitted—January 4, 2012


Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 2, 2009, convicting him of robbery in the third 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. Gantt, 85 AD3d 815, 816).   In any event, his plea was knowingly, voluntarily, and intelligently made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v. Ford, 86 N.Y.2d 397, 404).

Since the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to now complain that the sentence imposed was excessive (see People v. Kazepis, 101 A.D.2d 816, 817).



Aprilanne Agostino

Clerk of the Court

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