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People v. Earnshaw

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 579 (N.Y. App. Div. 1999)

Opinion

Submitted April 13, 1999

June 21, 1999

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered March 11, 1997, convicting him of attempted sodomy in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements made to law enforcement authorities.

Susan Bloch Marhoffer, White Plains, N.Y., for appellant, and appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N Y (David R. Huey of counsel), for respondent.

SONDRA MILLER, J.P., DAVID S. RITTER, WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

We find that the defendant's voluntary, knowing, and intelligent waiver of his right to appeal all aspects of this case encompassed his right to review of the denial of that branch of his omnibus motion which was to suppress statements he made to the police ( see, People v. Muniz, 91 N.Y.2d 570).

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty, since the plea and sentencing minutes reveal that the court conducted a sufficient inquiry into, and properly rejected, his unsupported assertions of innocence, duress, and coercion ( see, People v. Toney, 215 A.D.2d 791; People v. Billings, 208 A.D.2d 941).

The defendant's contention, raised in his supplemental pro se brief, that he was denied meaningful representation by counsel, is without merit ( see, People v. Flores, 84 N.Y.2d 184, 186-187; People v. Baldi, 54 N.Y.2d 137, 147).


Summaries of

People v. Earnshaw

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 579 (N.Y. App. Div. 1999)
Case details for

People v. Earnshaw

Case Details

Full title:THE PEOPLE, etc., respondent, v. AARON EARNSHAW, appellant. (Ind. No…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 579 (N.Y. App. Div. 1999)
691 N.Y.S.2d 334

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