| People v Barnello |
| 2008 NY Slip Op 08890 [56 AD3d 1214] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v KellieBarnello, Appellant. (Appeal No. 1.) |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Jeffrey R. Merrill, A.J.), renderedMay 23, 2006. The judgment convicted defendant, upon her plea of guilty, of grand larceny in thefourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: In appeal No. 1, defendant appeals from a judgment convicting her upon herplea of guilty of grand larceny in the fourth degree (Penal Law § 155.30 [1]) and, in appealNo. 2, she appeals from a judgment convicting her upon her plea of guilty of criminal possessionof stolen property in the fourth degree (§ 165.45 [2]). To the extent that the contention ofdefendant that County Court erred in denying her motion to withdraw her guilty pleas survivesher valid waiver of the right to appeal with respect to each plea (see People v Zabele, 53 AD3d685, 685-686 [2008]; People vWyant, 47 AD3d 1068, 1069 [2008], lv denied 10 NY3d 873 [2008]), weconclude that it is without merit. The record establishes that defendant's pleas were voluntarilyentered, and there was nothing that cast doubt upon defendant's guilt at the time of the pleaproceedings (see People v Mendez,45 AD3d 1109, 1110 [2007]; People v Smith, 5 AD3d 1095, 1095-1096 [2004], lvdenied 2 NY3d 807 [2004]). The record establishes that the conclusory assertion ofdefendant in support of her motion that she did not commit the crimes was made only after shefailed to satisfy her contract with Syracuse Community Treatment Court and the case had beencalendared for sentencing (see generally People v May, 305 AD2d 1095 [2003], lvdenied 100 NY2d 622 [2003]; People v Gosdin, 303 AD2d 979 [2003], lvdenied 100 NY2d 538 [2003]).
Finally, we reject the contention of defendant that the court erred in failing to assign her adifferent attorney to represent her in connection with her motion to withdraw her guilty pleas.The record does not support defendant's contention that defense counsel took a position that wasadverse to that of defendant on the motion (see People v Fifield, 24 AD3d 1221, 1222 [2005], lv denied6 NY3d 775 [2006]; cf. People vBedoya, 53 AD3d 621 [2008]). Present—Scudder, P.J., Hurlbutt, Fahey,Peradotto and Pine, JJ.