People v. Goncalves

Appellate Division of the Supreme Court of New York

People v. Goncalves

239 A.D.2d 924, 661 N.Y.S.2d 579

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

DecidedMay 30, 1997

DocketAppeal No. 2

StatusPublished

Cited by2 cases

This text of 239 A.D.2d 924 (People v. Goncalves) 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.

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People v. Goncalves, 239 A.D.2d 924, 661 N.Y.S.2d 579 (N.Y. Ct. App. 1997).

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Opinion

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his guilty plea was not voluntarily, knowingly and intelligently made. Defendant entered his plea in the presence of counsel after County Court fully apprised him of the consequences of the plea (see, People v Alexander, 185 AD2d 712, lv denied 80 NY2d 926; People v O’Keefe, 170 AD2d 1020, lv denied 77 NY2d 965). The conclusory allegation of defendant that the court, the prosecutor and defense counsel coerced him into pleading guilty is not supported by the record. Further, in light of the unsupported and conclusory allegations of defendant that he was coerced into pleading guilty, the court properly denied his CPL 440.10 motion without a hearing (see, People v Smith, 227 AD2d 987, lv denied 88 NY2d 995; People v Mills, 194 AD2d 1016, lv denied 82 NY2d 899). (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Reckless Endangerment, 1st Degree.) Present— Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his guilty plea was not voluntarily, knowingly and intelligently made. Defendant entered his plea in the presence of counsel after County Court fully apprised him of the consequences of the plea (see, People v Alexander, 185 AD2d 712, lv denied 80 NY2d 926; People v O’Keefe, 170 AD2d 1020, lv denied 77 NY2d 965). The conclusory allegation of defendant that the court, the prosecutor and defense counsel coerced him into pleading guilty is not supported by the record. Further, in light of the unsupported and conclusory allegations of defendant that he was coerced into pleading guilty, the court properly denied his CPL 440.10 motion without a hearing (see, People v Smith, 227 AD2d 987, lv denied 88 NY2d 995; People v Mills, 194 AD2d 1016, lv denied 82 NY2d 899). (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Reckless Endangerment, 1st Degree.) Present— Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Bluebook (online)

239 A.D.2d 924, 661 N.Y.S.2d 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goncalves-nyappdiv-1997.

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