Opinion
No. KA 06-01294.
March 14, 2008.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered April 28, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted rape in the first degree (Penal Law §§ 110.00, 130.35). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his motion to withdraw the plea ( see generally People v Thomas, 39 AD3d 1197, 1199, lv denied 9 NY3d 869). Indeed, the record of the plea proceeding belies the contention of defendant that he believed that he was pleading guilty to a different crime ( see People v Vinals, 2 AD3d 1210, 1211), as well as his contention that he was impaired by his use of an antidepressant prescription medication when he entered the plea ( see People v Oyague, 237 AD2d 311, lv denied 90 NY2d 862).