Majority
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered November 2, 2015, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.
The record demonstrates that defendant’s guilty plea was knowing, intelligent, and voluntary (see People v Fiumefreddo, 82 NY2d 536 , 543 [1993]), and that the court providently exercised its discretion in denying defendant’s plea withdrawal motion. At the plea colloquy, the court gave defendant all the information he needed to “knowingly, voluntarily and intelligently choose among alternative courses of action” (People v
At sentencing, defendant appeared to express confusion over whether his aggregate sentence would be limited to the instant sentence, or whether it would also include whatever portion of the preexisting life sentence that the parole authorities might choose to add. This was not a basis for withdrawal of the plea, given the court’s clear statements to defendant at the plea colloquy. The knowing and intelligent nature of the plea is further supported by defendant’s considerable familiarity with the criminal justice system, which includes numerous prior convictions resulting from guilty pleas.
We have considered and rejected defendant’s pro se claims.
Concur—Richter, J.R, Manzanet-Daniels, Andrias, Kern and Singh, JJ.
Cases cited
- People v. Fiumefreddo 82 NY2d 536 at 543 p. 433
- People v. Catu 4 NY3d 242 at 245 p. 434
- Hill v. Lockhart 474 US 52 at 56 p. 434