[*1]
People v Melendez (David)
2004 NY Slip Op 50421(U)
Decided on May 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 5, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570471/02

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

DAVID MELENDEZ, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County, rendered March 1, 2002 (Suzanne M. Mondo, J.) convicting him, upon a plea of guilty, of falsely reporting an incident in the third degree (Penal Law § 240.50[3]), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered March 1, 2002 (Suzanne M. Mondo, J.) affirmed.

Defendant's present challenges to the validity of his guilty plea are unpreserved (see, People v Lopez, 71 NY2d 662 [1988]), and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis to vacate defendant's guilty plea. Defendant's utterances, viewed in their entirety, cast no significant doubt on either the voluntariness of his plea or on his guilt (see, People v Toxey, 86 NY2d 725 [1995]). To the extent defendant equivocated during the plea allocution, "the court made a sufficient inquiry and defendant's responses establish that he understood the nature of the charge and knowingly pleaded guilty to it." (People v Pink, 265 AD2d 191 [1999].) The existing record does not establish that the plea was the result of ineffective assistance of counsel or coercion by the court. [*2]

This constitutes the decision and order of the court.