PEOPLE v. ZODARECKY (2005)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Kerry J. ZODARECKY, also known as Kerry Diamond-Pugh, Defendant-Appellant.

Decided: February 04, 2005

PRESENT: GREEN, J.P., SCUDDER, MARTOCHE, SMITH, AND LAWTON, JJ.

Kathleen E. Casey, Middleport, for Defendant-Appellant. Joseph V. Cardone, District Attorney, Albion, for Plaintiff-Respondent.

Defendant appeals from a judgment convicting her upon a plea of guilty of offering a false instrument for filing in the second degree (Penal Law § 175.30). By failing to move to withdraw the guilty plea or vacate the judgment of conviction, defendant failed to preserve for our review her contention that she was under duress during the plea allocution (see People v. Hughes, 3 A.D.3d 736, 770 N.Y.S.2d 666). Further, the record of the plea proceeding establishes that, when defendant raised a possible intoxication defense, County Court fulfilled its duty to conduct further inquiry to ensure that the plea was entered knowingly, voluntarily and intelligently (see People v. Hunter, 281 A.D.2d 964, 722 N.Y.S.2d 444, lv. denied 96 N.Y.2d 902, 730 N.Y.S.2d 800, 756 N.E.2d 88; see also People v. Howard, 234 A.D.2d 1000, 1001, 652 N.Y.S.2d 450, lv. denied 89 N.Y.2d 1036, 659 N.Y.S.2d 867, 681 N.E.2d 1314).

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

MEMORANDUM:

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