People v Vazquez

People v Vazquez 2006 NY Slip Op 09028 [34 AD3d 855] November 28, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

The People of the State of New York, Respondent,
v
Miguel Angel Vazquez, Appellant.

—[*1]Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered July 13, 2005, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's motion to vacate his plea of guilty. There is nothing in the record to indicate that the plea was not knowing, intelligent, or voluntary, or was either improvident or baseless, and the defendant's bare assertions of confusion are belied by the record (see People v Fiumefreddo, 82 NY2d 536 [1993]; People v Feliciano, 53 NY2d 645 [1981]; People v Smith, 181 AD2d 751 [1992]).

As part of his plea agreement, the defendant effectively waived appellate review of his claim that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737 [2006]; People v Seaberg, 74 NY2d 1 [1989]).

The defendant's remaining contention is unpreserved for appellate review. Schmidt, J.P., Ritter, Mastro, Fisher and Dillon, JJ., concur.