[*1]
People v Leon (Franz)
2004 NY Slip Op 50180(U)
Decided on March 17, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 17, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
570195/03

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

FRANZ LEON, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County, rendered December 18, 2002 (Gerald Harris, J.) convicting him, upon a plea of guilty, of driving while intoxicated (Vehicle and Traffic Law § 1192[2]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered December 18, 2002 (Gerald Harris, J.) affirmed.

Defendant's challenge to his guilty plea is unpreserved for appellate review, since he affirmatively withdrew his CPL 220.60(3) motion and agreed prior to sentencing to "stand by" his plea agreement (see, People v Cook, 252 AD2d 595 [1998]). In any event, the record, including the thorough plea allocution, reveals that defendant's plea was made intelligently, knowingly and voluntarily, and belies defendant's assertion that the plea was coerced or that he was confused regarding the terms of the promised probationary sentence (see, People v Burgos, 298 AD2d 185 [2002], lv denied 99 NY2d 580 [2003]).

This constitutes the decision and order of the court.