People v Peralta

People v Peralta 2007 NY Slip Op 10472 [46 AD3d 468] December 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Edward Peralta, Appellant.

—[*1] Peter A. Sell, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered March 4, 2005, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

The court properly denied defendant's application to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes the plea was knowing, intelligent and voluntary. Defendant's claim that he was agitated was not a basis for withdrawing the plea (see People v Alexander, 97 NY2d 482, 486 [2002]), and he did not elaborate on this claim or advance any other ground for that relief. Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.