| People v Nolasco |
| 2017 NY Slip Op 02824 [149 AD3d 875] |
| April 12, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Bienvenido Nolasco, Appellant. |
Gerald Zuckerman, Croton-on-Hudson, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and LaurieG. Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zuckerman, J.), rendered October 2, 2014, convicting him of attempted robbery in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that his plea of guilty was not voluntarily entered because theCounty Court refused to accept the plea when he initially refused to admit the facts underlyingthe crime of attempted robbery in the second degree. Contrary to the People's contention, thisargument is not precluded by any valid waiver of the defendant's right to appeal, since itimplicates the voluntariness of the defendant's plea (see People v Seaberg, 74 NY2d 1, 10[1989]; People v Lopez, 71 NY2d 662, 666 [1988]; People v Smith, 146 AD3d 904 [2017]; People v Lovick, 127 AD3d 1108,1109 [2015]). The People correctly contend, however, that since upon further inquiry into thefacts by the prosecutor and inquiry by the court, the defendant readily and without hesitationadmitted to the facts underlying the crime to which he pleaded and since the defendant did notchallenge this remedial action, his present contention is unpreserved for appellate review (seePeople v Lopez, 71 NY2d at 668; People v Lovick, 127 AD3d at 1109; People v Antoine, 59 AD3d 560[2009]; People v Holman, 33 AD3d815 [2006]) and, in any event, without merit. Rivera, J.P., Austin, Roman, Hinds-Radix andConnolly, JJ., concur.