Opinion
851 KA 01-01089
July 3, 2002.
Appeal from a judgment of Yates County Court (Falvey, J.), entered April 10, 2001, convicting defendant upon his plea of guilty of burglary in the second degree.
JONES, PARKS HAMLIN, LLP, CANANDAIGUA (DAVID M. PARKS OF COUNSEL), FOR DEFENDANT-APPELLANT.
SUSAN H. LINDENMUTH, DISTRICT ATTORNEY, PENN YAN, FOR PLAINTIFF-RESPONDENT.
Before: GREEN, J.P., HAYES, WISNER, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
The contention of defendant that his guilty plea was not knowingly and intelligently entered is not preserved for our review ( see People v. Rowe, 284 A.D.2d 796, lv denied 97 N.Y.2d 643; People v. McFadgen, 274 A.D.2d 830, 832, lv denied 95 N.Y.2d 966). In any event, that contention is without merit. "The plea minutes reveal that County Court conducted a searching and thorough inquiry of defendant and defendant's responses were coherent, detailed and wholly aware" ( People v. Kinner, 147 A.D.2d 742, 743, lv denied 74 N.Y.2d 665).
We reject the further contention of defendant that he did not knowingly and intelligently waive his right to counsel. The colloquy conducted by the court on three separate occasions "indicates that defendant knowingly and intelligently sought to proceed pro se" ( People v. McIntyre, 250 A.D.2d 1002, 1003, lv denied 92 N.Y.2d 881; see People v. Harris, 292 A.D.2d 633). We have reviewed defendant's remaining contentions and conclude that they are without merit.