PEOPLE v. OZUAL (2001)

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

The PEOPLE, etc., Respondent, v. Francisco OZUAL, a/k/a Buiyan, Appellant.

Decided: December 10, 2001

LAWRENCE J. BRACKEN, P.J., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, NANCY E. SMITH and THOMAS A. ADAMS, JJ.

Andrew C. Fine, New York, N.Y. (Judith Stern of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Shlomit L. Metz of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered June 6, 2000, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the Supreme Court erred in denying his motion to withdraw his plea without making further inquiry into the merits of his claims. In fact, the defendant did not move to withdraw his plea. Moreover, his claim at sentencing that his plea was entered involuntarily is belied by the record (see, People v. Charles, 256 A.D.2d 472, 683 N.Y.S.2d 438). Under the facts of this case, it cannot be said that the defendant's plea, as a matter of law, was unintelligent or involuntary and, therefore, constitutionally deficient (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170).

The defendant waived his right to appeal from the remaining issue raised (see, People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170).

BRACKEN, P.J., KRAUSMAN, LUCIANO, SMITH and ADAMS, JJ., concur.

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