People v. Weaver

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2011-11-01
Citations: 89 A.D.3d 772, 931 N.Y.2d 908
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Lead Opinion

Contrary to the defendant’s contention, his plea of guilty was

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knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]), 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 NY2d 482, 486 [2002]; People v Wager, 34 AD3d 505, 505-506 [2006]). 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.