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People v. Glasper

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 692 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed. Upon our review of the record, we find that the court properly exercised its discretion in denying the defendant's pro se application, in which defense counsel joined, to withdraw his guilty plea (see, CPL 220.60; People v. Frederick, 45 N.Y.2d 520, 524-525). The record establishes that the defendant, while represented by competent counsel, with whose services the defendant expressed satisfaction, knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v. Harris, 61 N.Y.2d 9). Significantly, during the plea allocution the defendant denied being threatened or coerced into entering his guilty plea. Moreover, the defendant had given an inculpatory statement to the police which fully implicated him in the crimes to which he pleaded guilty. Thus, the defendant's decision to plead guilty appeared to be a calculated decision to reduce his sentencing exposure. His claim that his guilty plea was the result of coercion has no factual basis in the record.

We further reject the defendant's contention that the County Court should have assigned new counsel on his application to withdraw his plea. In view of the fact that the defendant's plea allocution essentially negates his claim of coercion and no other factual predicate therefor has been advanced, the defendant suffered no discernible prejudice in his counsel's failure to amplify his pro se contentions (see, People v. Brown, 126 A.D.2d 898, 900-901; People v. Kelsch, 96 A.D.2d 677, 678-679). Contrary to the defendant's argument, the defense counsel did not adopt an adversary posture against him on the application to withdraw the plea (cf., People v. Shadney, 81 A.D.2d 842). Thompson, J.P., Eiber, Kunzeman, Spatt and Balletta, JJ., concur.


Summaries of

People v. Glasper

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 692 (N.Y. App. Div. 1989)
Case details for

People v. Glasper

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS GLASPER, Appellant

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

Date published: Jun 19, 1989

Citations

151 A.D.2d 692 (N.Y. App. Div. 1989)

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