PEOPLE v. HART (2001)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Kimberly HART, Defendant-Appellant.

Decided: June 08, 2001

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, SCUDDER and BURNS, JJ.

Philip Rothschild, for defendant-appellant. James P. Maxwell, for plaintiff-respondent.

Contrary to defendant's contention, the plea colloquy establishes that defendant's plea was voluntarily, knowingly and intelligently entered (see, People v. Fiumefreddo, 82 N.Y.2d 536, 543-544, 605 N.Y.S.2d 671, 626 N.E.2d 646). Supreme Court advised defendant of the rights that she was waiving, and defendant indicated that she understood those rights, and confirmed that she had not taken any drugs, alcohol or medications or suffered from any physical or mental conditions that might affect her ability to understand the plea bargain. Defendant stated that she had sufficient opportunity to discuss the plea with her attorney. Finally, defendant admitted to her participation in the crime as outlined by the court (see, People v. Schrecengost, 273 A.D.2d 937, 938, 710 N.Y.S.2d 226, lv. denied 95 N.Y.2d 938, 721 N.Y.S.2d 614, 744 N.E.2d 150).

Judgment unanimously affirmed.

MEMORANDUM:

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