| People v McNally |
| 2009 NY Slip Op 00780 [59 AD3d 959] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Peter R.McNally, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.),rendered November 8, 2004. The judgment convicted defendant, upon his plea of guilty, offelony driving while intoxicated.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty offelony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c][former (i)]). Supreme Court did not abuse its discretion in denying the pro se motion ofdefendant to withdraw his plea (see generally People v Alexander, 97 NY2d 482,485-486 [2002]). The "protestations [of defendant] as to his . . . confusion andinnocence ring hollow" in light of his admissions during the plea colloquy and his statement thathe understood that he was giving up certain rights, including the right to a jury trial, by pleadingguilty (id. at 486). Present—Scudder, P.J., Hurlbutt, Martoche, Green and Gorski,JJ.