People v. Smith

by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered August 15, 2006, 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.

Having failed to move to withdraw his plea prior to sentencing, the defendant’s current contentions that his plea was not knowingly, voluntarily, and intelligently entered, and that he was denied the effective assistance of counsel, are unpreserved for appellate review (see People v Toxey, 86 NY2d 725 [1995]; People v…