Opinion
2014-06-20
The PEOPLE of the State of New York, Respondent, v. Joseph J. SCHMIDLI, Defendant–Appellant.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
PRESENT: SMITH, J.P., CENTRA, CARNI, WHALEN, and DeJOSEPH, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45[1] ). Defendant contends that his plea was not knowingly, voluntarily, and intelligently entered because he did not admit a necessary element of the crime—that he knew that the property was stolen—during the plea allocution, and that County Court erred in denying his motion to withdraw the plea on that ground. Defendant's contention is actually a challenge to the factual sufficiency of the plea allocution that is encompassed by the valid waiver of the right to appeal ( see People v. Topolski, 106 A.D.3d 1532, 1533, 964 N.Y.S.2d 450,lv. denied21 N.Y.3d 1020, 971 N.Y.S.2d 503, 994 N.E.2d 399;People v. Daniels, 59 A.D.3d 943, 943, 872 N.Y.S.2d 335,lv. denied12 N.Y.3d 852, 881 N.Y.S.2d 664, 909 N.E.2d 587;see generally People v. Villar, 115 A.D.3d 1361, 1361, 982 N.Y.S.2d 804).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.