People v. McLean

Oct 5, 2010
Versions:77 A.D.3d 684
908 N.Y.S.2d 352

Ordered that the judgment is affirmed.

The defendant‘s claim with respect to the voluntariness of the plea survives even a valid waiver of the right to appeal (see People v Rodriguez-Ovalles, 74 AD3d 1368 [2010]; People v Elcine, 43 AD3d 1176, 1177 [2007]). However, the record of the plea proceeding establishes that the defendant‘s plea of guilty was knowingly, intelligently, and voluntarily entered (see People v Garcia, 92 NY2d 869, 870 [1998]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Grimes, 35 AD3d 882, 883 [2006]). Accordingly, the Supreme Court providently exercised its discretion in denying the defendant‘s pro se motion to withdraw his plea of guilty (see CPL 220.60 [3]; People v DeLeon, 40 AD3d 1008, 1008-1009 [2007]; People v Gully, 17 AD3d 382 [2005]). Rivera, J.P., Dickerson, Eng and Austin, JJ., concur.