| People v Brown |
| 2009 NY Slip Op 04625 [63 AD3d 1650] |
| June 5, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Stanley A.Brown, Appellant. |
—[*1] Cindy F. Intschert, District Attorney, Watertown (Aaron D. Carr of counsel), forrespondent.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), renderedMay 7, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted course ofsexual conduct against a child in the first degree and attempted sodomy in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of, interalia, attempted course of sexual conduct against a child in the first degree (Penal Law§§ 110.00, 130.75 [1] [a]), defendant contends that County Court erred in refusingto suppress his statement to the police on the ground that it was involuntary. We reject thatcontention. "[A] court's determination that [a] statement was voluntarily made 'is entitled to greatdeference and will not be disturbed where, as here, it is supported by the record' " (People v Childres, 60 AD3d 1278,1278 [2009]). To the extent that the further contention of defendant that he was denied effectiveassistance of counsel at the suppression hearing is not forfeited by the guilty plea (see Peoplev Petgen, 55 NY2d 529, 534-535 [1982], rearg denied 57 NY2d 674 [1982]; People v Santos, 37 AD3d 1141[2007], lv denied 8 NY3d 950 [2007]), it is lacking in merit (see generally People vFord, 86 NY2d 397, 404 [1995]). Present—Scudder, P.J., Hurlbutt, Martoche, Smithand Centra, JJ.