People v. Smith

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered April 25, 2007. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, of rape in the third degree (Penal Law § 130.25 [2]). Contrary to the contention of defendant, Supreme Court properly denied his motion to withdraw his guilty plea. The record establishes that defendant’s plea was *1410knowingly, intelligently…