People v. Brown

Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered May 26, 1995, convicting defendant, upon his guilty plea, of assault in the second degree, and sentencing him to a term of 2⅓ to 7 years, unanimously affirmed.

Because defendant never moved to withdraw his plea or to vacate the judgment, his claim that his plea was involuntary is unpreserved for appellate review. Even if we were to construe defendant’s statements at the time of sentence to be an application to withdraw his plea, we would conclude that such application was properly denied, because the plea was entered knowingly…