| People v Sass |
| 2008 NY Slip Op 01867 [49 AD3d 287] |
| March 4, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Sidney Sass, Appellant. |
—[*1]
Robert M. Morgenthau, District Attorney, New York City (Ignatius Anthony Mascarenhas,
Jr. of counsel), for respondent.
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered June 30, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of six years, unanimously affirmed.
The court properly denied defendant's application to withdraw his guilty plea. Defendant's claim that he was under the influence of drugs at the time of the plea was contradicted by his allocution, in which he expressly disclaimed any such influence, and by the court's own recollection of defendant's demeanor and responses (see People v Bess, 299 AD2d 263 [2002], lv denied 99 NY2d 580 [2003]; People v Clarke, 251 AD2d 7 [1998]). Concur—Nardelli, J.P., Williams, Sweeny and Catterson, JJ.