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People v. Dembert

Supreme Court of New York, Second Department

June 12, 2013

The People of the State of New York, respondent,
v.
John Dembert, appellant. Ind. No. 2516/09

Arza Feldman, Uniondale, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.

REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL, PLUMMER E. LOTT, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 15, 2011, convicting him of assault in the first degree (two counts), 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 voluntary is unpreserved for appellate review (see People v Perez, 51 A.D.3d 1043). In any event, the defendant's plea was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 N.Y.2d 536, 543; People v Lopez, 71 N.Y.2d 662, 666; People v Harris, 61 N.Y.2d 9, 17).

RIVERA, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.


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