People v Caceres
2017 NY Slip Op 08281 [155 AD3d 972]
November 22, 2017
Appellate Division, Second Department
As corrected through Wednesday, January 3, 2018


[*1]
 The People of the State of New York,Respondent,
v
Alejandro Caceres, Also Known as Alejandro Caceres-Hernandez,Appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Emily Constant, Acting District Attorney, Riverhead, NY (Lauren Tan of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ambro, J.),rendered October 13, 2015, convicting him of attempted rape in the first degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's plea of guilty was entered knowingly, voluntarily, and intelligently (seePeople v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Harris, 61 NY2d 9, 17[1983]). Contrary to the defendant's contention, certain postplea assertions of innocenceattributed to him in the presentence report did not call into question the voluntariness of the pleaand did not obligate the County Court to conduct any further inquiry (see People v Maldonado, 144 AD3d706, 707 [2016]; People vMartinez, 129 AD3d 1106, 1107 [2015]; People v Pollidore, 123 AD3d 1058, 1059 [2014]; People v Appling, 94 AD3d 1135,1136 [2012]). Rivera, J.P., Hall, Miller and Duffy, JJ., concur.


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