THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MARLIN HOUSE DEFENDANT APPELLANT (2010)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARLIN J. HOUSE, DEFENDANT-APPELLANT.

KA 09-01554

Decided: October 01, 2010

PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND PINE, JJ.

RONALD C. VALENTINE, PUBLIC DEFENDER, LYONS (DAVID M. PARKS OF COUNSEL), FOR DEFENDANT-APPELLANT. RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (JACQUELINE MCCORMICK OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05[3] ). Contrary to the contention of defendant, we conclude that County Court properly denied his motion to withdraw the plea. The record of the plea colloquy establishes that the factual allocution was sufficient and that defendant's plea was voluntarily, knowingly and intelligently entered (see People v. Vogler, 156 A.D.2d 932, lv denied 75 N.Y.2d 872). We reject the further contention of defendant that he was improperly sentenced as a second felony offender. The record establishes that the court complied with CPL 400.21(3) by asking defendant whether he wished to controvert any allegation in the People's predicate felony statement, and that defendant responded by admitting that the contents thereof were accurate.

Patricia L. Morgan

Clerk of the Court

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