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People v. Fiumefreddo

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1992
188 A.D.2d 546 (N.Y. App. Div. 1992)

Opinion

December 14, 1992

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the judgment is affirmed.

We find no merit to the defendant's contention that her guilty plea was coerced because the plea agreement offered to her father, a codefendant, was conditioned upon her acceptance of the plea offer. It is well settled that prosecutors are free to dictate the terms of a plea bargain (see, People v Antonio, 176 A.D.2d 528, 529) and that a guilty plea will not be held per se coercive, just because the defendant's plea was conditioned upon a codefendant's plea (see, People v Cornielle, 176 A.D.2d 190, 191). A review of the defendant's plea allocution reveals that she intelligently, knowingly, and voluntarily entered her plea of guilty. Moreover, we find that the performance of the defendant's first counsel met the standard of meaningful representation as evidenced by counsel's omnibus motion and pretrial disclosure motions. Under the circumstances of this case, counsel's failure to request a Wade hearing did not render his assistance ineffective (cf., People v Hale, 142 A.D.2d 172). The defendant's second counsel, who represented the defendant at the plea and sentencing proceedings, also provided the defendant with meaningful representation as evidenced by the favorable plea bargain which included a sentence considerably lower than the permissible, maximum sentence. Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.


Summaries of

People v. Fiumefreddo

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1992
188 A.D.2d 546 (N.Y. App. Div. 1992)
Case details for

People v. Fiumefreddo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOAN FIUMEFREDDO…

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

Date published: Dec 14, 1992

Citations

188 A.D.2d 546 (N.Y. App. Div. 1992)

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