Opinion
2019–04606 Ind. No. 1/19
02-10-2021
The PEOPLE, etc., respondent, v. John F. AMICO III, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. ( Jennifer Burton of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. ( Anna K. Diehn of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. ( Jennifer Burton of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. ( Anna K. Diehn of counsel), for respondent.
REINALDO E. RIVERA, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered April 15, 2019, convicting him of operating a vehicle while under the influence of alcohol and overdriving, torturing and injuring animals, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed.
Under the circumstances, the defendant's challenge to the voluntariness of his plea is properly before this Court even though the defendant did not seek to withdraw his plea before sentencing ( see People v. Keller, 168 A.D.3d 1098, 1099, 92 N.Y.S.3d 415 ; see also People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Louree, 8 N.Y.3d 541, 546, 838 N.Y.S.2d 18, 869 N.E.2d 18 ).
Contrary to the defendant's contention, the totality of circumstances evince that the defendant's plea of guilty was knowing, intelligent, and voluntary ( see People v. Garcia, 92 N.Y.2d 869, 870, 677 N.Y.S.2d 772, 700 N.E.2d 311 ). There is no reasonable possibility that the County Court's misstatement of the maximum sentence to which he would be exposed if he was convicted after a trial contributed to the defendant's decision to plead guilty ( see People v. Garcia, 92 N.Y.2d at 870, 677 N.Y.S.2d 772, 700 N.E.2d 311 ; People v. Yearwood, 46 A.D.3d 586, 846 N.Y.S.2d 619 ).
RIVERA, J.P., BARROS, CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.