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People v. Rivers

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2002
296 A.D.2d 861 (N.Y. App. Div. 2002)

Opinion

844 KA 00-01821

July 3, 2002.

Appeal from a judgment of Supreme Court, Monroe County (Egan, J.), entered June 23, 2000, convicting defendant upon his plea of guilty of attempted rape in the first degree.

JONES, PARKS HAMLIN, LLP, CANANDAIGUA (DAVID M. PARKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Supreme Court did not abuse its discretion in summarily denying the pro se motion of defendant to withdraw his guilty plea ( see CPL 220.60; People v. Franco, 145 A.D.2d 837). "The record establishes that a favorable and voluntary plea was entered after a thorough allocution" ( People v. Rivera, 258 A.D.2d 426, 426, lv denied 93 N.Y.2d 1005; see People v. Frederick, 45 N.Y.2d 520, 524-526), and the court "personally observed defendant's participation in extensive plea negotiations, as well as defendant's demeanor and attitude, both at the time the plea was entered and thereafter" ( People v. Aquino, 237 A.D.2d 203, 204; see also People v. Hudson, 237 A.D.2d 759, 760, lv denied 90 N.Y.2d 1012). We further conclude that defense counsel's statements in response to the pro se motion of defendant to withdraw his guilty plea did not deny defendant effective assistance of counsel. Defense counsel merely described her pre-plea discussion with defendant concerning sentencing parameters and did not thereby become a witness against defendant ( see People v. Cross, 262 A.D.2d 223, 224, lv denied 94 N.Y.2d 902; see also People v. Viscomi, 286 A.D.2d 886, 886, lv denied 97 N.Y.2d 763). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Rivers

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2002
296 A.D.2d 861 (N.Y. App. Div. 2002)
Case details for

People v. Rivers

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ROYLEE RIVERS…

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

Date published: Jul 3, 2002

Citations

296 A.D.2d 861 (N.Y. App. Div. 2002)
744 N.Y.S.2d 918

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