From Casetext: Smarter Legal Research

People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 367 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Queens County (Hanophy, J.).


Ordered that the judgment is affirmed.

It is well settled that a motion to withdraw a guilty plea is addressed to the sound discretion of the court ( see, People v. Granton, 236 A.D.2d 624; People v. McGriff, 216 A.D.2d 330). In the instant case, Supreme Court did not err in denying the defendant's motion to withdraw his guilty plea.

The defendant's contention that his plea was coerced by the court's comments at the plea allocution is unpreserved for appellate review, as he did not move to withdraw his plea on this ground (CPL 470.05; see, People v. Mackey, 77 N.Y.2d 846; People v. Lopez, 71 N.Y.2d 662; People v. Brown, 242 A.D.2d 337; People v. Mesquite, 234 A.D.2d 395).

The defendant's assertion that the defense counsel coerced his plea is without merit. The defendant knowingly and voluntarily admitted his guilt in a thorough and complete allocution, during which he stated that no one, including the defense counsel, had coerced the plea, and that he was pleading guilty voluntarily ( see, People v. Harris, 222 A.D.2d 522; People v. Richardson, 214 A.D.2d 624; People v. Hall, 195 A.D.2d 521). Further, "[t] he defendant expressed no dissatisfaction with his counsel at the time of the plea, after the court had fully apprised him of the consequences of pleading guilty" ( People v. Hall, supra, at 522), and he twice refused the court's offer to have his plea back.

Similarly without merit is the defendant's claim that he received ineffective assistance of counsel ( see, People v. Ford, 86 N.Y.2d 397, 404; People v. Conklin, 208 A.D.2d 763).

Mangano, P.J., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 367 (N.Y. App. Div. 1998)
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEUBEN VEGA, Appellant

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 367 (N.Y. App. Div. 1998)
681 N.Y.S.2d 351

Citing Cases

People v. Torres

Contrary to the defendant's contention, he received the effective assistance of counsel (see People v. Ford,…

People v. Rivas

The defendant's claims in support of his motion to withdraw his guilty plea under Indictment No. 217/94,…