Opinion
2012-02-21
The PEOPLE of the State of New York, Respondent, v. Michael ATKINS, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. *438 Cyrus R. Vance, Jr., District Attorney, New York (Timothy C. Stone of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. *438 Cyrus R. Vance, Jr., District Attorney, New York (Timothy C. Stone of counsel), for respondent.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 16, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 3 1/2 years, unanimously affirmed.
The record establishes the voluntariness of defendant's plea, and the court properly denied defendant's plea withdrawal motion ( see People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ). During the plea allocution, whenever defendant made a statement creating an ambiguity about the voluntariness of the plea, the court made a further inquiry that established that defendant was pleading guilty of his own free will. The court made clear to defendant that it was his choice whether to plead guilty or go to trial. We have considered and rejected defendant's remaining claims.