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The PEOPLE of the State of New York, Respondent, v. David STRASSER, Defendant-Appellant.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered January 4, 2000, convicting defendant, upon his guilty plea, of auto stripping in the second degree, and sentencing him, as a second felony offender, to a term of 1 1/212 to 3 years, unanimously affirmed.
The court properly exercised its discretion in denying defendant's application to withdraw his guilty plea (see, People v.. Fiumefreddo, 82 N.Y.2d 536, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332). The plea minutes establish that defendant pleaded guilty knowingly and voluntarily, and his assertions of innocence made at sentencing were contradicted by his factual allocution. We have considered and rejected defendant's remaining claims.
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Decided: November 08, 2001
Court: Supreme Court, Appellate Division, First Department, New York.
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