| People v Delarosa |
| 2013 NY Slip Op 02088 [104 AD3d 956] |
| March 27, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ramon Delarosa, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, EllenC. Abbot, and Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Kron, J.), rendered March 17, 2011, convicting him of assault in the first degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court failed to conduct an adequateinquiry into his possible justification defense during the plea allocution is unpreservedfor appellate review, as the defendant did not raise this specific ground in his motion towithdraw his plea (see People vMartorell, 88 AD3d 485 [2011]; People v Duncan, 78 AD3d 1193 [2010]). In any event,inasmuch as the defendant's recitation of the facts underlying the crime to which hepleaded guilty did not cast significant doubt upon his guilt or otherwise call into thequestion the voluntariness of his plea, the Supreme Court did not have a duty to inquirefurther to ensure that the defendant's plea of guilty was knowing and voluntary (seePeople v Lopez, 71 NY2d 662, 666 [1988]). Moreover, "[t]he defendant's postpleaassertions regarding his innocence and the defense of justification contradicted theadmissions he made under oath at his plea allocution, and were insufficient to warrantwithdrawal of his plea" (Peoplev Dazzo, 92 AD3d 796, 796 [2012]; see People v Dixon, 29 NY2d 55,57 [1971]; People v Bunn,79 AD3d 1143 [2010]). Balkin, J.P., Chambers, Roman and Hinds-Radix, JJ.,concur.