Opinion
2016-00030, Ind. No. 2723-14.
11-22-2017
The PEOPLE, etc., 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), for respondent.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Emily Constant, Acting District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent.
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 of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.The defendant's plea of guilty was entered knowingly, voluntarily, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). Contrary to the defendant's contention, certain postplea assertions of innocence attributed to him in the presentence report did not call into question the voluntariness of the plea and did not obligate the County Court to conduct any further inquiry (see People v. Maldonado, 144 A.D.3d 706, 707, 39 N.Y.S.3d 826 ; People v. Martinez, 129 A.D.3d 1106, 1107, 11 N.Y.S.3d 686 ; People v. Pollidore, 123 A.D.3d 1058, 1059, 997 N.Y.S.2d 752 ; People v. Appling, 94 A.D.3d 1135, 1136, 942 N.Y.S.2d 617 ).
RIVERA, J.P., HALL, MILLER and DUFFY, JJ., concur.