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People v. Trimble

Supreme Court, Appellate Division, Second Department, New York.
Mar 30, 2016
137 A.D.3d 1309 (N.Y. App. Div. 2016)

Opinion

03-30-2016

The PEOPLE, etc., respondent, v. Anthony TRIMBLE, appellant.

Thomas R. Villecco, Jericho, N.Y., for appellant, and appellant pro se. Madeline Singas, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Donald Berk of counsel), for respondent.


Thomas R. Villecco, Jericho, N.Y., for appellant, and appellant pro se.

Madeline Singas, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Donald Berk of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof, J.), rendered August 8, 2013, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was involuntary and coerced because the Supreme Court refused to assign him new counsel is without merit. Contrary to the defendant's contention, he was not entitled to new assigned counsel since he failed to show good cause for a substitution (see People v. Wright, 95 A.D.3d 1046, 943 N.Y.S.2d 766 ; People v. Silva, 15 A.D.3d 263, 790 N.Y.S.2d 436 ). Furthermore, nothing that occurred during the plea allocution called into question the voluntariness of the defendant's plea (see People v. Wright, 95 A.D.3d at 1047, 943 N.Y.S.2d 766 ). The defendant's contention that defense counsel's ineffectiveness coerced him into pleading guilty is contradicted by his statements made during the plea proceeding that he was satisfied with counsel's representation, that he had not been forced into pleading guilty, and that he was entering the plea freely and voluntarily (see People v. Bennett, 115 A.D.3d 973, 982 N.Y.S.2d 554 ; People v. Howard, 109 A.D.3d 487, 488, 970 N.Y.S.2d 86 ).

The defendant's valid waiver of his right to appeal precludes appellate review of the contentions raised in his pro se supplemental brief (see People v. Hansen, 95 N.Y.2d 227, 233, 715 N.Y.S.2d 369, 738 N.E.2d 773 ; People v. Woods, 115 A.D.3d 997, 998, 982 N.Y.S.2d 180 ; People v. Devodier, 102 A.D.3d 884, 885, 958 N.Y.S.2d 220 ; People v. Wright, 95 A.D.3d at 1047, 943 N.Y.S.2d 766 ; People v. Wager, 34 A.D.3d 505, 506, 823 N.Y.S.2d 522 ).

DILLON, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.


Summaries of

People v. Trimble

Supreme Court, Appellate Division, Second Department, New York.
Mar 30, 2016
137 A.D.3d 1309 (N.Y. App. Div. 2016)
Case details for

People v. Trimble

Case Details

Full title:The PEOPLE, etc., respondent, v. Anthony TRIMBLE, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 30, 2016

Citations

137 A.D.3d 1309 (N.Y. App. Div. 2016)
137 A.D.3d 1309
2016 N.Y. Slip Op. 2386

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