People v. Castricone

Jun 10, 2005

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 a plea of guilty, of reckless endangerment in the first degree (Penal Law § 120.25). The record establishes that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v Muniz, 91 NY2d 570, 575 [1998]; People v Callahan, 80 NY2d 273, 280 [1992]), and that waiver encompasses his contention that County Court erred in denying “his preplea recusal motion” (People v Thorn, 298 AD2d 900, 901 [2002], lv denied 99 NY2d 540 [2002]). In any event, the court did not abuse its discretion in denying that motion (see People v Nenni, 269 AD2d 785, 786 [2000], lv denied 95 NY2d 801 [2000]; People v Brunner, 182 AD2d 1123 [1992], lv denied 80 NY2d 828 [1992]). Contrary to the further contention of defendant, the record establishes that he “was advised of his rights and that his Alford plea (see, North Carolina v Alford, 400 US 25) was knowingly, intelligently and voluntarily entered with a full understanding of its consequences” (People v Alfieri, 201 AD2d 935, 935 [1994], lv denied 83 NY2d 908 [1994]; see generally People v Miller, 91 NY2d 372, 377-378 [1998]). Present—Pigott, Jr., P.J., Green, Gorski, Martoche and Smith, JJ.