Opinion
April 17, 2001.
Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered November 19, 1990, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.
Madeleine Guilmain, for Respondent.
Mark W. Zeno, for Defendant-Appellant.
Before: Sullivan, P.J., Andrias, Ellerin, Rubin, Buckley, JJ.
Defendant's argument that the loss of his 1990 sentencing minutes entitles him to summary reversal is a replication of an argument rejected by this Court in its denial of defendant's motion for a reconstruction hearing (see, People v. Alvarado, 269 A.D.2d 104, lv denied 94 N.Y.2d 916). In any event, defendant has not overcome the presumption of regularity which attaches to all judicial proceedings and has not established that the loss of the sentencing minutes has hindered his ability to present any genuine appealable issue (see, People v. Santiago, 158 A.D.2d 252). The particular claim that defendant wishes to raise is refuted by the plea minutes, which establish the voluntariness of the plea and specifically establish defendant's awareness that he was pleading guilty to a felony. Moreover, the loss of the minutes is the direct result of defendant's unexplained eight-year delay in seeking appointment of appellate counsel and poor person relief (cf., People v. Decker, 134 A.D.2d 726, 728).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.