| People v Jones |
| 2013 NY Slip Op 02091 [104 AD3d 957] |
| March 27, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kenroy Jones, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup andAndrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(Freehill, J.), rendered April 2, 2010, convicting him of attempted criminal possession ofa weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant's involuntary deportation after hefiled the notice of appeal does not warrant dismissal of this appeal (see People v Ventura, 17NY3d 675, 678 [2011]). However, under the totality of the circumstances of thiscase, the defendant's contention that his counsel adopted a position adverse to him inconnection with his motion to withdraw his plea of guilty is without merit (cf. People v Graves, 95 AD3d1034 [2012]; People vFully, 90 AD3d 1071 [2011]; People v Vega, 88 AD3d 1022 [2011]). The County Courtadequately addressed the defendant's contentions and providently exercised its discretionin denying the defendant's motion to withdraw his plea, as the record reflects that thedefendant entered his plea knowingly, voluntarily, and intelligently (see People v Johnson, 97AD3d 695 [2012]; People vVisconti, 96 AD3d 979 [2012]; People v Griffith, 78 AD3d 1194 [2010]; People vCole, 295 AD2d 360 [2002]). Dillon, J.P., Angiolillo, Dickerson and Cohen, JJ.,concur.