| People v Johnson |
| 2010 NY Slip Op 02582 [71 AD3d 1048] |
| March 23, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Johnson, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Rooney, J.), rendered August 14, 2008, convicting him of assault in the first degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing and voluntary because itwas based upon a mistaken belief that he was a second felony offender is unpreserved forappellate review since he did not move to withdraw his plea on that basis (see People vClarke, 93 NY2d 904, 906 [1999]; People v Lopez, 71 NY2d 662, 665-666 [1988];People v Bolton, 63 AD3d 1087 [2009]; People v Antoine, 59 AD3d 560[2009]). In any event, the Supreme Court gave the defendant correct information regarding hissentencing exposure, and the defendant's plea of guilty was knowingly, intelligently, andvoluntarily entered after the court fully advised him of the consequences of his plea during acomplete plea allocution (see People v Garcia, 92 NY2d 869, 870-871 [1998]; Peoplev Mitchell, 69 AD3d 883 [2010]; People v Turner, 23 AD3d 503, 503-504 [2005];People v Fulmore, 189 AD2d 823, 824 [1993]). Further, the defendant failed to establishthat he was deprived of the effective assistance of counsel with respect to his plea of guilty.Under the circumstances of this case, the defendant received an advantageous plea, and nothingin the record casts doubt on the defense counsel's effectiveness (see People v Hughes, 62AD3d 1026, 1026-1027 [2009]; People v Grimes, 35 AD3d 882, 883 [2006]). Skelos,J.P., Santucci, Angiolillo and Chambers, JJ., concur.