People v Wolven
2013 NY Slip Op 02281 [105 AD3d 782]
April 3, 2013
Appellate Division, Second Department
As corrected through Wednesday, May 29, 2013


The People of the State of New York,Respondent,
v
James E. Wolven, Appellant.

[*1]Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), forappellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County(Forman, J.), rendered December 6, 2011, convicting him of burglary in the third degree,upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was not entered knowingly,voluntarily, or intelligently is unpreserved for appellate review (see People v Fernandez, 103AD3d 813 [2013]; People vElufe, 102 AD3d 982 [2013]). In any event, the record demonstrates that thedefendant's guilty plea was knowing, voluntary, and intelligent (see People vElufe, 102 AD3d at 982; see generally People v Fiumefreddo, 82 NY2d 536,543 [1993]; People v Harris, 61 NY2d 9, 17 [1983]). Skelos, J.P., Chambers,Sgroi and Hinds-Radix, JJ., concur.


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