From Casetext: Smarter Legal Research

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 2000
268 A.D.2d 491 (N.Y. App. Div. 2000)

Opinion

Submitted September 9, 1999

January 18, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered March 30, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Caroline R. Donhauser of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN and SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his application to withdraw his plea of guilty without a hearing. The court conducted a sufficient inquiry into, and properly rejected, his unsupported and conclusory claims of ineffective assistance of counsel (see, People v. Alicea, 191 A.D.2d 702 ).

The defendant's corollary claim, that he was denied meaningful representation by counsel at the plea proceeding, is without merit (see, People v. Flores, 84 N.Y.2d 184, 186-187 ; People v. Baldi, 54 N.Y.2d 137, 147 ).

The defendant's voluntary, knowing, and intelligent waiver of his right to appeal all aspects of his case encompassed his right to review the denial of that branch of his motion which was to supress evidence based upon lack of probable cause (see, People v. Kemp, N Y 2d [Dec. 2, 1999]).

The defendant specifically reserved his right to appeal the excessiveness of his sentence. We find that the sentence imposed is neither harsh nor excessive.

THOMPSON, J.P., SULLIVAN, ALTMAN, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 2000
268 A.D.2d 491 (N.Y. App. Div. 2000)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EDDIE RODRIGUEZ, appellant. (Ind. No…

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

Date published: Jan 18, 2000

Citations

268 A.D.2d 491 (N.Y. App. Div. 2000)
703 N.Y.S.2d 50

Citing Cases

RODRIGUEZ v. ZON

The Appellate Division affirmed Rodriguez's conviction on January 18, 2000. People v. Rodriguez, 703 N.Y.S.2d…