Opinion
2013-04-3
The PEOPLE, etc., respondent, v. James E. WOLVEN, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered December 6, 2011, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not entered knowingly, voluntarily, or intelligently is unpreserved for appellate review ( see People v. Fernandez, 103 A.D.3d 813, 959 N.Y.S.2d 455 [2d Dept. 2013];People v. Elufe, 102 A.D.3d 982, 958 N.Y.S.2d 611). In any event, the record demonstrates that the defendant's guilty plea was knowing, voluntary, and intelligent ( see People v. Elufe, 102 A.D.3d at 982, 958 N.Y.S.2d 611;see generally People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170).