| People v Amir |
| 2010 NY Slip Op 01022 [70 AD3d 1122] |
| February 11, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v BarkiemAmir, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Peters, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.),rendered May 22, 2008, convicting defendant upon his plea of guilty of the crime of criminalsale of a controlled substance in the fifth degree.
Defendant entered an Alford plea of guilty to criminal sale of a controlled substancein the fifth degree and was sentenced as a second felony offender to 1½ years in prisonfollowed by two years of postrelease supervision. Contrary to his assertion here, our review ofthe record reveals that defendant's plea was knowing, intelligent and voluntary (see People v Kennedy, 46 AD3d1099, 1100 [2007], lv denied 10 NY3d 841 [2008]). Indeed, County Court's remarksregarding a theoretical motion to withdraw the plea were made while ensuring that defendantfully understood the ramifications of pleading guilty and followed a detailed colloquy duringwhich defendant informed County Court that he had discussed the matter with his attorney, wasnot impaired and had not been coerced into entering the plea (see People v Rock, 56 AD3d 1053, 1054 [2008], lv denied12 NY3d 787 [2009]; People vWashington, 51 AD3d 1223, 1224 [2008]). The record likewise reflects County Court'sunderstanding that a sufficient factual basis for accepting the plea existed and that defendant'splea was the product of a rational and voluntary choice (see People v Matthie, 34 AD3d 987, 989 [2006], lvsdenied 8 NY3d 805, 847 [2007]; People v Stewart, 307 AD2d 533, 534 [2003]).[*2]
Cardona, P.J., Rose, Kavanagh and McCarthy, JJ.,concur. Ordered that the judgment is affirmed.