| People v Nevarez |
| 2009 NY Slip Op 04104 [62 AD3d 585] |
| May 26, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JohnNevarez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Frank Glaser of counsel), forrespondent.
Judgments, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June25, 2007, as amended August 14, 2008, and as further amended August 26, 2008, convictingdefendant, upon his pleas of guilty, of grand larceny in the third degree and criminal possessionof a forged instrument in the second degree, and sentencing him, as a second felony offender, toconcurrent terms of 3 to 6 years, unanimously affirmed.
The court properly adjudicated defendant a second felony offender. Regardless of any statelaw issues presented by defendant's predicate felony conviction, that conviction was not"obtained in violation of [defendant's rights] under the applicable provisions of the constitutionof the United States" (CPL 400.21 [7] [b]).
After sufficient inquiry (see People v Frederick, 45 NY2d 520 [1978]), the courtproperly denied defendant's motion to withdraw his guilty plea. The record establishes that theplea was voluntary (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]). Defendant'sclaim that he manifested a confused mental state at the plea proceeding is contradicted by therecord of the thorough plea allocution.
We perceive no basis for reducing the sentence. Concur—Friedman, J.P., Sweeny,Nardelli, Acosta and Richter, JJ.