People v Ellsworth
2009 NY Slip Op 00834 [59 AD3d 989]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent, v Robert W. Ellsworth, Appellant.

—[*1] Goodell & Goodell, Jamestown (R. Thomas Rankin of counsel), for defendant-appellant.

David W. Foley, District Attorney, Mayville (Tracey A. Brunecz of counsel), for respondent.

Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered June 25, 2007. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [a]). We conclude on the record before us that, contrary to the contention of defendant, his plea was knowing, voluntary, and intelligent (see generally People v Harris, 61 NY2d 9, 16-19 [1983]). Present—Scudder, P.J., Hurlbutt, Peradotto and Gorski, JJ.