People v. Banks

16 A.D.3d 313, 791 N.Y.S.2d 415, 2005 N.Y. App. Div. LEXIS 3230

Opinion

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered December 10, 2003, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea after a suitable inquiry at which defendant received a sufficient opportunity to present his contentions (see People v Frederick, 45 NY2d 520 [1978]). The record supports the court’s determination that the plea was voluntary (see People v Alexander, 97 NY2d 482, 485 [2002]). Although defendant’s plea was linked to that of his codefendant brother, it met constitutional standards for such an arrangement and the linkage did not render the plea involuntary (see People v Fiumefreddo, 82 NY2d 536, 545-546 [1993]; People v Ocasio, 260 AD2d 254 [1999], lv denied 93 NY2d 1004 [1999]). We have considered and rejected defendant’s remaining arguments. Concur— Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.