Opinion
KA 02-00994
October 2, 2003.
Appeal from a judgment of Oswego County Court (Hafner, Jr., J.), entered May 14, 2001, convicting defendant upon his plea of guilty of burglary in the second degree.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (SUSAN R. RIDER OF COUNSEL), FOR DEFENDANT-APPELLANT.
DENNIS N. HAWTHORNE, SR., DISTRICT ATTORNEY, OSWEGO (DONALD E. TODD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, GORSKI, 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:
Contrary to the contention of defendant, County Court did not abuse its discretion in denying his pro se motion to withdraw his guilty plea. The court gave defendant a full opportunity to present his contentions, which are belied by statements he made under oath during the plea colloquy ( see People v. Holmes, 303 A.D.2d 690; People v. Dengel, 299 A.D.2d 963, 964, lv denied 99 N.Y.2d 581; People v Forshey, 294 A.D.2d 868, 868-869, lv denied 98 N.Y.2d 675). Contrary to the further contention of defendant, we conclude that he received meaningful representation ( see People v. Ford, 86 N.Y.2d 397, 404). Finally, defendant waived his right to appeal and that waiver encompasses his contention that the sentence is harsh and excessive ( see People v. Hidalgo, 91 N.Y.2d 733, 737; People v. Allen, 82 N.Y.2d 761, 763). In any event, the sentence is not unduly harsh or severe.