| People v Jackson |
| 2015 NY Slip Op 02624 [126 AD3d 1512] |
| March 27, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vTavon Jackson, Appellant. |
Steven J. Getman, Ovid, for defendant-appellant.
Barry L. Porsch, District Attorney, Waterloo, for respondent.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.),rendered August 13, 2013. The judgment convicted defendant, upon his plea of guilty, ofattempted promoting prison contraband in the first 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 attempted promoting prison contraband in the first degree (Penal Law§§ 110.00, 205.25). Defendant's contention that the plea was notknowing and voluntary and that County Court therefore erred in denying his motion towithdraw the plea survives his valid waiver of the right to appeal (see People v Lawrence, 118AD3d 1501, 1501 [2014]). We conclude, however, that the court did not abuse itsdiscretion in denying defendant's motion inasmuch as defendant's "allegations in supportof the motion [were] belied by [his] statements during the plea proceeding" (People v Williams, 103 AD3d1128, 1128 [2013], lv denied 21 NY3d 915 [2013]; see People v Farley, 34 AD3d1229, 1230 [2006], lv denied 8 NY3d 880 [2007]). The record establishesthat defendant pleaded guilty voluntarily, that he was satisfied with the representationprovided by defense counsel, and that he understood the proceedings.Present—Centra, J.P., Peradotto, Lindley and DeJoseph, JJ.