Opinion
March 23, 2000
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 25, 1998, convicting defendant upon his plea of guilty of the crime of forgery in the second degree, and which revoked defendant's probation and imposed a sentence of imprisonment.
Jerald Rosenthal, Ghent, for appellant.
Gerald F. Mollen, District Attorney, Binghamton, for respondent.
Before: CARDONA, P.J., PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ.
MEMORANDUM AND ORDER
Upon pleading guilty to forgery in the second degree, defendant, a second felony offender, was sentenced to an indeterminate term of 2 to 4 years in prison. At the same time, defendant also admitted to violating his probation and, as a result, he was sentenced to a consecutive prison term of 2 1/2 to 7 years. Defendant appeals contending that his guilty plea was not knowingly, voluntarily and intelligently made or, alternatively, that the sentence imposed was harsh and excessive.
Initially, we note that defendant did not move to vacate the judgment or withdraw his guilty plea and thus his claims have not been preserved for our review (see, People v. Claudio, 64 N.Y.2d 858;People v. Millis, 266 A.D.2d 581, 697 N.Y.S.2d 757, lv denied 94 N.Y.2d 826). Were we to consider such claims we would find them without merit. Challenging the voluntariness of his plea, defendant asserts that he indicated to County Court that his "mind was all messed up". Such description, however, referred to his mental status at a time prior to the entry of the guilty plea. A transcript of the plea proceedings reveals that defendant capably responded to the questions put to him, and gave no indication of mental impairment or intoxication such as would have alerted the court to the need for any further inquiry (see, People v. Millis,supra; People v. Planty, 238 A.D.2d 806, lv denied 89 N.Y.2d 1098). Moreover, inasmuch as defendant stated on the record that he had conferred with his attorney regarding the ramifications of his plea and that he was entering his guilty plea freely and voluntarily, we find no basis for vacating the guilty plea (see,id.). Finally, given his lengthy criminal history and the fact that he violated his probation, we see no reason to disturb the sentence imposed by County Court (see, People v. Upson, 251 A.D.2d 818;People v. Marshall, 246 A.D.2d 698).
Cardona, P.J., Spain, Carpinello and Graffeo, JJ., concur.
ORDERED that the judgment is affirmed.