The People, etc., respondent, v. Frederick Roundtree, appellant. (2011)

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

The People, etc., respondent, v. Frederick Roundtree, appellant.

2008-06227 (Ind.No. 07-00665)

Decided: March 01, 2011

WILLIAM F. MASTRO, J.P. PETER B. SKELOS RANDALL T. ENG SANDRA L. SGROI, JJ.

Judith Young, Wurtsboro, N.Y., for appellant, and appellant pro se. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent. The defendant's right to subpoena witnesses to appear at a trial was waived as a matter of necessity upon the taking of his plea of guilty (see People v Gerber, 182 A.D.2d 252, 259-60) and his claim regarding prosecutorial conduct was forfeited as a consequence of his plea (id. at 260). Review of the defendant's remaining claims raised in his pro se supplemental brief either is precluded by his valid waiver of his right to appeal (see People v Kemp, 94 N.Y.2d 831, 833), or was forfeited by his plea of guilty (see People v Taylor, 65 N.Y.2d 1, 5).

Submitted-February 4, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 7, 2008, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying his motion to withdraw his plea of guilty (see People v. Seeber, 4 NY3d 780, 780-81; People v. DeLeon, 40 AD3d 1008, 1008-1009). The defendant entered his plea of guilty knowingly, voluntarily, and intelligently, having reached a favorable plea agreement with the assistance of counsel (see People v. Anthoulis, 78 AD3d 854; People v. Ford, 44 AD3d 1070). In addition, there was no evidence to support the defendant's belated claim that he pleaded guilty under duress as a result of prosecutorial conduct (see People v. Seeber, 4 NY3d at 780-81).

MASTRO, J.P., SKELOS, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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