| People v Schmidli |
| 2014 NY Slip Op 04664 [118 AD3d 1491] |
| June 20, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vJoseph J. Schmidli, Appellant. |
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), fordefendant-appellant.
Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.),rendered September 20, 2010. The judgment convicted defendant, upon his plea ofguilty, of criminal possession of stolen property in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal possession of stolen property in the fourth degree (Penal Law§ 165.45 [1]). Defendant contends that his plea was not knowingly,voluntarily, and intelligently entered because he did not admit a necessary element of thecrime—that he knew that the property was stolen—during the pleaallocution, and that County Court erred in denying his motion to withdraw the plea onthat ground. Defendant's contention is actually a challenge to the factual sufficiency ofthe plea allocution that is encompassed by the valid waiver of the right to appeal (see People v Topolski, 106AD3d 1532, 1533 [2013], lv denied 21 NY3d 1020 [2013]; People v Daniels, 59 AD3d943, 943 [2009], lv denied 12 NY3d 852 [2009]; see generally People v Villar,115 AD3d 1361, 1361 [2014]). Present—Smith, J.P., Centra, Carni, Whalenand DeJoseph, JJ.