SIMON-PAGE, YOSEF, PEOPLE v ( 2017 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    134
    KA 13-02208
    PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, TROUTMAN, AND SCUDDER, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    YOSEF SIMON-PAGE, DEFENDANT-APPELLANT.
    EDWARD PEKAREK, WELLSVILLE, FOR DEFENDANT-APPELLANT.
    BROOKS T. BAKER, DISTRICT ATTORNEY, BATH (JOHN C. TUNNEY OF COUNSEL),
    FOR RESPONDENT.
    Appeal from a judgment of the Steuben County Court (Peter C.
    Bradstreet, J.), rendered June 10, 2013. The judgment convicted
    defendant, upon his plea of guilty, of attempted criminal possession
    of a controlled substance in the third degree.
    It is hereby ORDERED that the judgment so appealed from is
    unanimously affirmed.
    Memorandum: On appeal from a judgment convicting him upon his
    plea of guilty of attempted criminal possession of a controlled
    substance in the third degree (Penal Law §§ 110.00, 220.16 [1]),
    defendant contends that County Court erred in denying his motion to
    withdraw his Alford plea. We reject that contention. Here, the
    record establishes that “defendant’s Alford plea was ‘the product of a
    voluntary and rational choice, and the record before the court
    contains strong evidence of actual guilt’ ” (People v Smith, 26 AD3d
    746, 747, lv denied 7 NY3d 763). Contrary to defendant’s further
    contention, there is no dispute that the crime occurred in Steuben
    County, and nothing in the plea colloquy cast doubt on the State’s
    power to prosecute the case (cf. People v Harvey, 124 AD3d 1393,
    1394).
    Entered:    February 10, 2017                      Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 13-02208

Filed Date: 2/10/2017

Precedential Status: Precedential

Modified Date: 2/10/2017