PEOPLE v. NIMMONS

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Carl D. NIMMONS, Defendant-Appellant.  (Appeal No. 1.)

Decided: March 17, 2006

PRESENT:  PIGOTT, JR., P.J., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ. Frank H. HiscockLegal Aid Society, Syracuse (Philip Rothschild of Counsel), for Defendant-Appellant. William J. Fitzpatrick, District Attorney, Syracuse (John E. Heisler, III, of Counsel), for Plaintiff-Respondent.

 In each of these three appeals, defendant appeals from a judgment convicting him upon a guilty plea of, respectively, assault in the second degree (Penal Law § 120.05[7] ), assault in the first degree (§ 120.10[1] ), and criminal possession of a controlled substance in the fourth degree (§ 220.09[1] ).   Although the contention of defendant that his pleas were not knowingly and voluntarily entered survives his waivers of the right to appeal entered with respect to the pleas (see People v. McKay, 5 A.D.3d 1040, 773 N.Y.S.2d 923, lv. denied 2 N.Y.3d 803, 781 N.Y.S.2d 302, 814 N.E.2d 474;   People v. DeJesus, 248 A.D.2d 1023, 670 N.Y.S.2d 140, lv. denied 92 N.Y.2d 878, 678 N.Y.S.2d 26, 700 N.E.2d 564), that contention is without merit.   The record establishes that defendant was advised of his rights and that his pleas were voluntarily entered with full knowledge of their consequences (see People v. Hart, 284 A.D.2d 982, 728 N.Y.S.2d 610, lv. denied 97 N.Y.2d 641, 735 N.Y.S.2d 498, 761 N.E.2d 3;  see generally People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646).

Finally, we reject the further contention of defendant that County Court abused its discretion in denying his motions to withdraw his guilty pleas.   Defendant's allegations of duress and innocence in support of the motions are belied by defendant's statements during the plea proceedings, wherein defendant knowingly and voluntarily admitted that he committed the crimes at issue (see People v. Beaty, 303 A.D.2d 965, 755 N.Y.S.2d 911, lv. denied 100 N.Y.2d 559, 763 N.Y.S.2d 816, 795 N.E.2d 42;  People v. Rickard, 262 A.D.2d 1073, 691 N.Y.S.2d 811, lv. denied 94 N.Y.2d 828, 702 N.Y.S.2d 599, 724 N.E.2d 391).

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

MEMORANDUM: