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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 2008
47 A.D.3d 418 (N.Y. App. Div. 2008)

Opinion

No. 2479.

January 3, 2008.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 5, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

Richard M. Weinstein, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (Rena Paul of counsel), for respondent.

Before: Andrias, J.P., Nardelli, Buckley and Catterson, JJ.


The court providently exercised its discretion in denying, without a hearing, defendant's motion to withdraw his plea ( see People v Frederick, 45 NY2d 520), since defendant's unsubstantiated claims were refuted by his plea allocution. Defendant submitted a standard form lacking any case-specific allegations, and his oral submission added nothing of substance ( see People v Little, 37 AD3d 214, lv denied 8 NY3d 987). The record establishes that the plea was knowing, intelligent and voluntary.

Defendant did not establish any good cause for a reassignment of counsel, or any facts that warranted further inquiry by the court. The record demonstrates that counsel provided effective assistance ( see People v Ford, 86 NY2d 397, 404).


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jan 3, 2008
47 A.D.3d 418 (N.Y. App. Div. 2008)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL RIVERA, Appellant

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

Date published: Jan 3, 2008

Citations

47 A.D.3d 418 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 53
849 N.Y.S.2d 230