Opinion
2012-02-21
The PEOPLE, etc., respondent, v. Lorenzo J. TOBAR, appellant.
Langone & Associates, PLLC, Levittown, N.Y. (Richard M. Langone of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Joanna Hershey and Courtney Weinberger of counsel; Jeffrey Bloomfield on the brief), for respondent.
Langone & Associates, PLLC, Levittown, N.Y. (Richard M. Langone of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Joanna Hershey and Courtney Weinberger of counsel; Jeffrey Bloomfield on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Kase, J.), rendered April 29, 2009, convicting him of murder in the second degree and operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Moissett, 76 N.Y.2d 909, 910–911, 563 N.Y.S.2d 43, 564 N.E.2d 653; People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Nixon, 21 N.Y.2d 338, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709). The Supreme Court properly conducted the plea allocution ( see People v. Nixon, 21 N.Y.2d at 353, 287 N.Y.S.2d 659, 234 N.E.2d 687).
The defendant was provided with the effective assistance of counsel ( see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674; People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584). The defendant's unsubstantiated claims of coercion and dissatisfaction with the representation by his counsel, which were refuted by his statements during the plea allocution, do not warrant a hearing ( see generally People v. Massey, 70 A.D.3d 722, 892 N.Y.S.2d 888; People v. Hughes, 62 A.D.3d 1026, 878 N.Y.S.2d 911).