People v. Biaselli

Nov 19, 2004
Versions:12 A.D.3d 1133
784 N.Y.S.2d 442

Appeal from a judgment of the Orleans County Court (James P Punch, J.), rendered August 25, 2003. The judgment convicted defendant, upon his plea of guilty, of sexual misconduct and endangering the welfare of a child (two counts).

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of sexual misconduct (Penal Law § 130.20 [1]) and two counts of endangering the welfare of a child (§ 260.10 [1]). The waiver of the right to appeal by defendant encompasses his challenge to the factual sufficiency of the plea allocution (see People v McKay, 5 AD3d 1040, 1041 [2004], lv denied 2 NY3d 803 [2004]). Further, defendant failed to preserve that challenge for review by moving to withdraw the plea or to vacate the judgment of conviction (see People v Casco, 4 AD3d 742 [2004]). In any event, the record establishes that defendant’s Alford plea (see North Carolina v Alford, 400 US 25 [1970]) was properly accepted by County Court (see People v Sherman, 8 AD3d 1026, 1026-1027 [2004]). Present—Green, J.P., Scudder, Gorski, Martoche and Hayes, JJ.