People v. DiPietro

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Holdman, J., at plea; Molea, J., at sentencing), rendered February 9, 2011, convicting him of grand larceny in the second degree (three counts), scheme to defraud in the first degree, and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his plea of guilty was not knowing and voluntary because the prosecutor, who conducted much of the plea proceeding under the supervision of the Supreme Court, misadvised him of the…