From Casetext: Smarter Legal Research

People v. Ariola

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 2005
15 A.D.3d 882 (N.Y. App. Div. 2005)

Opinion

KA 03-01927.

February 4, 2005.

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered December 2, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the third degree.

Present: Pigott, Jr., P.J., Green, Gorski, Martoche and Hayes, JJ.


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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the third degree (Penal Law §§ 110.00, 160.05) and, in appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (§ 125.20 [1]). Defendant contends with respect to each appeal that his plea of guilty was not knowingly, voluntarily and intelligently entered. That contention is not preserved for our review ( see People v. Coleman, 8 AD3d 825) and, in any event, is lacking in merit. To the extent that the further contention of defendant that he was denied effective assistance of counsel survives his guilty pleas ( see People v. Burke, 256 AD2d 1244, lv denied 93 NY2d 851), we conclude that defendant was afforded meaningful representation ( see generally People v. Baldi, 54 NY2d 137, 147). Finally, County Court did not abuse its discretion in denying defendant's application for youthful offender status ( see People v. Selg, 110 AD2d 918).


Summaries of

People v. Ariola

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 2005
15 A.D.3d 882 (N.Y. App. Div. 2005)
Case details for

People v. Ariola

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER ARIOLA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 4, 2005

Citations

15 A.D.3d 882 (N.Y. App. Div. 2005)
789 N.Y.S.2d 389

Citing Cases

People v. Greene

Following his December 2002 convictions of attempted robbery in the third degree and manslaughter in the…

People v. Elshabazz

In any event, that contention is without merit. "Supreme Court carefully considered the request to be…