People v. Albert

Appellate Division of the Supreme Court of New York

People v. Albert

262 A.D.2d 162, 692 N.Y.S.2d 323, 1999 N.Y. App. Div. LEXIS 6801

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 17, 1999

StatusPublished

This text of 262 A.D.2d 162 (People v. Albert) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Albert, 262 A.D.2d 162, 692 N.Y.S.2d 323, 1999 N.Y. App. Div. LEXIS 6801 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered December 3, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a persistent felony offender, to a term of 2 years to life, unanimously affirmed.

Defendant’s groundless motion to withdraw his plea was properly denied after he was afforded sufficient opportunity to be heard. Defendant received effective assistance of counsel at sentencing, and the record fails to support defendant’s claim that his counsel took a position adverse to defendant on the plea withdrawal motion (see, People v Sosa, 258 AD2d 312). Defendant’s remaining complaints about his counsel involve matters dehors the record and would thus require a motion pursuant to CPL 440.10. On the record before us, we find that defendant received meaningful representation in all respects (see, People v Ford, 86 NY2d 397, 404). Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered December 3, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a persistent felony offender, to a term of 2 years to life, unanimously affirmed.

Defendant’s groundless motion to withdraw his plea was properly denied after he was afforded sufficient opportunity to be heard. Defendant received effective assistance of counsel at sentencing, and the record fails to support defendant’s claim that his counsel took a position adverse to defendant on the plea withdrawal motion (see, People v Sosa, 258 AD2d 312). Defendant’s remaining complaints about his counsel involve matters dehors the record and would thus require a motion pursuant to CPL 440.10. On the record before us, we find that defendant received meaningful representation in all respects (see, People v Ford, 86 NY2d 397, 404). Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.

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Bluebook (online)

262 A.D.2d 162, 692 N.Y.S.2d 323, 1999 N.Y. App. Div. LEXIS 6801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-albert-nyappdiv-1999.

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