People v. Huggen (Juan)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: October 13, 2016
• Docket: 2016 NYSlipOp 51460(U)
• Status: Published

Opinion

The People of the State of New York, Respondent,

against

Juan Huggen, a/k/a Juan Huggins, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lynn R. Kotler, J., at plea; Robert M. Mandelbaum, J., at sentencing), rendered March 26, 2012, convicting him, upon a plea of guilty, of assault in the third degree and imposing sentence.

Per Curiam.

Judgment of conviction (Lynn R. Kotler, J., at plea; Robert M. Mandelbaum, J., at sentencing), rendered March 26, 2012, affirmed.

Defendant's motion to withdraw his plea of guilty was properly denied without a hearing. Defendant's unsworn and conclusory claims of coercion and duress presented no legitimate factual issues (see People v Wyant, 47 AD3d 1068 [2008], lv denied 10 NY3d 873 [2008]), and were contradicted by his plea allocution, in which he admitted his guilt; expressed his understanding of both the terms of the plea agreement and the rights he was waiving by entering into it; and confirmed that he had not been forced into pleading guilty and that he had discussed the plea agreement with defense counsel (see People v Patino, 119 AD3d 409 [2014], lv denied 25 NY3d 991 [2015]).

Although defendant claims his attorney provided ineffective assistance at sentencing, defendant was sentenced in accordance with the plea agreement, and "this is not a case where the alleged ineffectiveness of counsel goes to the voluntariness of defendant's plea" (People v Parilla, 8 NY3d 654, 660 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 13, 2016