People v. Glusko

• Decision Date: 05 February 2014
• Citation: People v. Glusko, 2014 NY Slip Op 683, 114 A.D.3d 701, 979 N.Y.S.2d 669 (N.Y. App. Div. 2014)
• Parties: The PEOPLE, etc., respondent, v. John GLUSKO, appellant.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 701

979 N.Y.S.2d 669

2014 N.Y. Slip Op. 00683

The PEOPLE, etc., respondent,

v.John GLUSKO, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 5, 2014.

Salvatore C. Adamo, New York, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.

PETER B. SKELOS, J.P., PLUMMER E. LOTT, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.

Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), rendered April 13, 2011, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw the plea ( seePeople v. Lopez,71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Pryor,11 A.D.3d 565, 782 N.Y.S.2d 803).In any event, the plea was knowingly, voluntarily, and intelligently made ( seePeople v. Fiumefreddo,82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Lopez,71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Harris,61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170).The defendant's postplea assertions regarding the defense of justification did not warrant vacatur of his plea of guilty ( seePeople v. Bunn,79 A.D.3d 1143, 914 N.Y.S.2d 907).

The defendant was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation ( seePeople v. Benevento,91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi,54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).

The sentence imposed was not excessive ( seePeople v. Suitte,90 A.D.2d 80, 455 N.Y.S.2d 675).