People v. Christopher

Appellate Division of the Supreme Court of New York

People v. Christopher

26 A.D.3d 228, 808 N.Y.S.2d 684

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

DecidedFebruary 16, 2006

StatusPublished

This text of 26 A.D.3d 228 (People v. Christopher) 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. Christopher, 26 A.D.3d 228, 808 N.Y.S.2d 684 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered October 29, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

After a careful inquiry, the court properly denied defendant’s application for new counsel. Defendant did not establish good cause for a substitution (see People v Linares, 2 NY3d 507 [2004]; People v Medina, 44 NY2d 199, 209 [1978]).

The court properly denied defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that defendant knowingly, voluntarily and intelligently pleaded guilty, and it contradicts his conclusory claims of coercion and ineffective assistance of counsel. Defendant’s plea allocution clearly established his guilt of robbery under a theory of using force to retain the proceeds of a theft.

We conclude that throughout the proceedings, defendant received effective assistance of counsel under the state and federal standards from each of the attorneys who represented him (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Ford, 86 NY2d 397, 404 [1995]; see also Strickland v Washington, 466 US 668 [1984]). Concur—Buckley, P.J., Sullivan, Williams, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered October 29, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

After a careful inquiry, the court properly denied defendant’s application for new counsel. Defendant did not establish good cause for a substitution (see People v Linares, 2 NY3d 507 [2004]; People v Medina, 44 NY2d 199, 209 [1978]).

The court properly denied defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that defendant knowingly, voluntarily and intelligently pleaded guilty, and it contradicts his conclusory claims of coercion and ineffective assistance of counsel. Defendant’s plea allocution clearly established his guilt of robbery under a theory of using force to retain the proceeds of a theft.

We conclude that throughout the proceedings, defendant received effective assistance of counsel under the state and federal standards from each of the attorneys who represented him (see People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Ford, 86 NY2d 397, 404 [1995]; see also Strickland v Washington, 466 US 668 [1984]). Concur—Buckley, P.J., Sullivan, Williams, Gonzalez and Catterson, JJ.

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Bluebook (online)

26 A.D.3d 228, 808 N.Y.S.2d 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christopher-nyappdiv-2006.

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