| People v Alonzo |
| 2011 NY Slip Op 09661 [90 AD3d 1065] |
| December 27, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jimmy Alonzo, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller and ThomasConstant of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.),rendered September 7, 2010, convicting him of robbery in the first degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowing, voluntary, and intelligent.Although this contention survives the defendant's otherwise valid waiver of the right to appeal(see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Williams, 84 AD3d 1417, 1418 [2011]; People v Morrow, 48 AD3d 704,705 [2008]), it is without merit. Several times during the defendant's plea hearing he was asked ifhe had voluntarily participated in the subject robbery, and he responded that he had been forcedto participate. However, although the defendant made statements that raised the possibility of aduress defense and the lack of the requisite criminal intent, the trial court properly conductedfurther inquiries to ensure that the defendant's plea was knowing, voluntary, and intelligent(see People v Lopez, 71 NY2d 662, 664 [1988]; People v Mead, 27 AD3d 767 [2006]). The defendant's plea ofguilty represented a choice freely made by the defendant among the legitimate alternatives(see People v Hale, 93 NY2d 454, 463 [1999]; People v Grant, 61 AD3d 177, 182 [2009]). Dillon, J.P., Florio,Chambers and Miller, JJ., concur.