| People v McLean |
| 2010 NY Slip Op 07198 [77 AD3d 684] |
| October 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JermaineMcLean, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y.Brodt of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.),rendered November 7, 2007, convicting him of burglary in the first degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim with respect to the voluntariness of the plea survives even a valid waiver ofthe right to appeal (see People vRodriguez-Ovalles, 74 AD3d 1368 [2010]; People v Elcine, 43 AD3d 1176, 1177 [2007]). However, the record ofthe plea proceeding establishes that the defendant's plea of guilty was knowingly, intelligently, andvoluntarily entered (see People v Garcia, 92 NY2d 869, 870 [1998]; People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Grimes, 35 AD3d 882, 883 [2006]). Accordingly, theSupreme Court providently exercised its discretion in denying the defendant's pro se motion towithdraw his plea of guilty (see CPL 220.60 [3]; People v DeLeon, 40 AD3d 1008, 1008-1009 [2007]; People v Gully, 17 AD3d 382 [2005]).Rivera, J.P., Dickerson, Eng and Austin, JJ., concur.