Opinion
2014-01-29
The PEOPLE, etc., respondent, v. David J. SAFRAN, appellant.
David J. Safran, Albion, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Rona I. Kugler of counsel), for respondent.
David J. Safran, Albion, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Rona I. Kugler of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Camacho, J.), rendered November 17, 2011, convicting him of criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant's plea of guilty was knowing, voluntary, and intelligent ( see People v. Garcia, 92 N.Y.2d 869, 677 N.Y.S.2d 772, 700 N.E.2d 311).
Additionally, the defendant's claim that his sentence is “unlawful” is without merit. The defendant pleaded guilty to one count of criminal possession of a forged instrument in the second degree, a class D felony. In accordance with his plea agreement, the defendant was sentenced to an agreed-upon term of imprisonment having a minimum of two years and a maximum of four years. Further, the sentence complied with Penal Law § 70.06(3) and (4).
The defendant's remaining contentions are without merit. BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.