The People, etc., respondent, v. Jonathan Weaver, appellant. (2011)

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

The People, etc., respondent, v. Jonathan Weaver, appellant.

2010–01701 (Ind.No. 2694 /09)

Decided: November 01, 2011

WILLIAM F. MASTRO, J.P. RUTH C. BALKIN CHERYL E. CHAMBERS SANDRA L. SGROI, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

Submitted—October 19, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Walsh, J., at plea; Firetog, J., at sentencing), rendered February 3, 2010, convicting him of attempted burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty was knowingly, voluntarily, and intelligently made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543), and the defendant's assertions to the contrary are belied by his lucid and appropriate responses during the plea proceedings (see People v. Alexander, 97 N.Y.2d 482, 486; People v. Wager, 34 AD3d 505, 505–506). Accordingly, the Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty (see CPL 220.60[3] ).

MASTRO, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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