| People v Keitz |
| 2012 NY Slip Op 06719 [99 AD3d 1254] |
| October 5, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Michael J.Keitz, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (Jason A. Macbride of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), renderedJanuary 5, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea ofassault in the second degree (Penal Law § 120.05 [7]). Defendant contends that he did notplead guilty or admit guilt and thus that he was not convicted of the charge brought against him.At the start of the plea proceeding, defendant agreed that he would plead guilty to assault in thesecond degree. He indicated that he was pleading guilty of his own free will and after having hadsufficient time to discuss it with his attorney. When County Court asked defendant "[h]ow doyou plead," defendant responded "[y]es." Thereafter, the court asked defendant specific questionsabout the charge, and defendant made various admissions. We conclude that the plea allocutionas a whole establishes that "defendant understood the charges and made an intelligent decision toenter a plea" (People v Goldstein,12 NY3d 295, 301 [2009]).
To the extent that defendant's contention that he was denied effective assistance of counselsurvives his guilty plea (see People vBethune, 21 AD3d 1316, 1316 [2005], lv denied 6 NY3d 752 [2005]), weconclude that it lacks merit. Defendant "receive[d] an advantageous plea and nothing in therecord casts doubt on the apparent effectiveness of counsel" (People v Ford, 86 NY2d397, 404 [1995]). Present—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.