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People v. Jackson

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1992
186 A.D.2d 389 (N.Y. App. Div. 1992)

Opinion

October 8, 1992

Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).


Contrary to defendant's contention, the hearing court did not err in denying his motion to withdraw his guilty plea without holding an evidentiary hearing. Prior to pleading guilty, defendant was apprised of the rights he was waiving and acknowledged his guilt of the charges against him. Although defendant contended that he pleaded guilty because he was "psychologically exhausted" and pressured by his attorney, the plea minutes establish that he "freely admitted his guilt and fully appreciated the nature of the proceedings" (People v Brown, 177 A.D.2d 460, 461, lv denied 79 N.Y.2d 944). Further, defendant was not entitled to an evidentiary hearing inasmuch as he was "afforded a reasonable opportunity to present his contentions" via his affidavit and defense counsel's affirmation (People v Tinsley, 35 N.Y.2d 926, 927). Finally, defendant was not denied effective assistance of counsel because no pre-trial motions were made in his behalf. "A tactical decision to forego making those motions when an advantageous plea bargain has been struck may not be attacked on appeal and labeled ineffective assistance of counsel [citation omitted]." (People v Lewis, 116 A.D.2d 778, 779.) Further, defendant expressed satisfaction with the services of his attorney. Accordingly, defendant is bound by the terms of his plea.

Concur — Carro, J.P., Wallach, Ross and Asch, JJ.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1992
186 A.D.2d 389 (N.Y. App. Div. 1992)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JACKSON…

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

Date published: Oct 8, 1992

Citations

186 A.D.2d 389 (N.Y. App. Div. 1992)
588 N.Y.S.2d 182

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