People v. De La Cruz

Appellate Division of the Supreme Court of New York

People v. De La Cruz

216 A.D.2d 30, 628 N.Y.S.2d 63, 1995 N.Y. App. Div. LEXIS 6032

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

DecidedJune 6, 1995

StatusPublished

This text of 216 A.D.2d 30 (People v. De La Cruz) 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. De La Cruz, 216 A.D.2d 30, 628 N.Y.S.2d 63, 1995 N.Y. App. Div. LEXIS 6032 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 22, 1993, convicting defendant, upon his plea of guilty, of kidnapping in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The inquiry conducted by the court prior to sentencing was adequate to ensure that defendant’s unequivocal decision to withdraw his motion to withdraw his plea was, like the plea itself, knowing and voluntary. This is not "that rare case * * * [where] the trial court has a duty to inquire further” (People v Lopez, 71 NY2d 662, 666). And in view of the very favorable plea bargain negotiated by defendant’s attorney, we find no merit to defendant’s claim that the withdrawal of his motion to withdraw his plea, as well as the withdrawal of his motions to suppress and for severance before they were decided on the merits, constituted ineffectiveness of counsel (see, People v [31]*31Hayes, 194 AD2d 998). We note that most of defendant’s allegations in the latter regard are based on matters that might have been more thoroughly developed had an appropriate post-judgment motion been made pursuant to CPL 440.10 (see, People v Love, 57 NY2d 998). Concur—Sullivan, J. P., Rubin, Ross, Nardelli and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 22, 1993, convicting defendant, upon his plea of guilty, of kidnapping in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The inquiry conducted by the court prior to sentencing was adequate to ensure that defendant’s unequivocal decision to withdraw his motion to withdraw his plea was, like the plea itself, knowing and voluntary. This is not "that rare case * * * [where] the trial court has a duty to inquire further” (People v Lopez, 71 NY2d 662, 666). And in view of the very favorable plea bargain negotiated by defendant’s attorney, we find no merit to defendant’s claim that the withdrawal of his motion to withdraw his plea, as well as the withdrawal of his motions to suppress and for severance before they were decided on the merits, constituted ineffectiveness of counsel (see, People v [31]*31Hayes, 194 AD2d 998). We note that most of defendant’s allegations in the latter regard are based on matters that might have been more thoroughly developed had an appropriate post-judgment motion been made pursuant to CPL 440.10 (see, People v Love, 57 NY2d 998). Concur—Sullivan, J. P., Rubin, Ross, Nardelli and Mazzarelli, JJ.

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Bluebook (online)

216 A.D.2d 30, 628 N.Y.S.2d 63, 1995 N.Y. App. Div. LEXIS 6032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-la-cruz-nyappdiv-1995.

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