| People v Zabriskie |
| 2013 NY Slip Op 02772 [105 AD3d 1068] |
| April 24, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Phillip Zabriskie, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Anastasia Spanakos of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Hanophy, J.), rendered December 17, 2008, convicting him of assault in the first degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised itsdiscretion in denying his motion to withdraw his plea of guilty. The record demonstratesthat the plea was entered knowingly, voluntarily and intelligently (see People vFiumefreddo, 82 NY2d 536, 543 [1993]). Furthermore, the facts admitted by thedefendant during his plea allocution were sufficient to support his plea of guilty (see People v Goldstein, 12NY3d 295, 301 [2009]; People v Seeber, 4 NY3d 780, 781 [2005]).
The defendant's remaining contention is without merit. Mastro, J.P., Chambers, Lottand Sgroi, JJ., concur.