Summary
holding that defendant's unsupported assertions regarding his mental competence to plead guilty were insufficient to prove his conviction was "constitutionally infirm"
Summary of this case from State v. GutierrezOpinion
November 19, 1993
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Balio, Lawton, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The record shows that defendant knowingly, voluntarily and intelligently waived his right to appeal (see, People v Callahan, 80 N.Y.2d 273, 283; People v Seaberg, 74 N.Y.2d 1, 11). In any event, the unsupported assertions of defendant that he lacked the mental competence to plead guilty to the predicate felony conviction or that the court failed to explain the seriousness of that conviction or its consequences were insufficient to sustain defendant's burden of proving that the predicate felony conviction was constitutionally infirm (see, People v Anderson, 100 A.D.2d 937). Also, imposition of the bargained-for minimum indeterminate term of imprisonment mandated by statute (see, Penal Law § 70.06 [e]; [4]) is not harsh or excessive.