Opinion
KA 02-01787
October 2, 2003.
Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered July 2, 2002, convicting defendant upon his plea of guilty of burglary in the second degree (33 counts).
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ROBERT P. RICKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
THEODORE PRICE, DEFENDANT-APPELLANT PRO SE.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
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 his plea of guilty of 33 counts of burglary in the second degree (Penal Law 140.25). Contrary to the contention of defendant, his confession was voluntarily made and was not obtained in violation of his right to counsel. The testimony of defendant that he invoked his right to counsel before confessing presented a credibility issue that Supreme Court was entitled to resolve in the People's favor ( see People v. Coleman, 306 A.D.2d 941; People v. McCooey, 156 A.D.2d 927, lv denied 75 N.Y.2d 921). We also reject the contention of defendant that the court abused its discretion in denying his motion to withdraw his plea of guilty. The unsupported allegations of defendant that his attorney pressured him into accepting the plea bargain do not warrant vacatur of his plea ( see People v. Telfair, 299 A.D.2d 429, lv denied 99 N.Y.2d 620). The record of the plea allocution establishes that defendant understood the proceeding and made a knowing, voluntary and intelligent plea ( see People v. Stephens, 175 A.D.2d 272, lv denied 79 N.Y.2d 864; People v. Thornton, 167 A.D.2d 935, lv denied 78 N.Y.2d 1082).