People v. Mosquera

Appellate Division of the Supreme Court of New York

People v. Mosquera

276 A.D.2d 331, 714 N.Y.S.2d 672, 2000 N.Y. App. Div. LEXIS 10586

Appellate Division of the Supreme Court of the State of New York·Decided October 17, 2000·Published

Opinion

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered December 1, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the second degree, and sentencing him to a term of 8 years to life, unanimously affirmed.

After a sufficient inquiry, the court properly denied defendant’s motion to withdraw his guilty plea, without a hearing and without appointment of new counsel. The record establishes that a favorable and voluntary plea was entered after a thorough allocution, that defendant’s claim that he was misinformed by counsel as to the charge to which he pleaded guilty (a violation instead of a class A felony) was patently meritless, and that the court rejected this claim prior to directing an inquiry at defense counsel (see, People v Rodriguez, 189 AD2d 684, lv denied 81 NY2d 892).

Defendant’s valid waiver of his right to appeal forecloses any challenge to the alleged excessiveness of his sentence (People v Seaberg, 74 NY2d 1, 9-10). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Rubin and Buckley, JJ.

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Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered December 1, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the second degree, and sentencing him to a term of 8 years to life, unanimously affirmed.

After a sufficient inquiry, the court properly denied defendant’s motion to withdraw his guilty plea, without a hearing and without appointment of new counsel. The record establishes that a favorable and voluntary plea was entered after a thorough allocution, that defendant’s claim that he was misinformed by counsel as to the charge to which he pleaded guilty (a violation instead of a class A felony) was patently meritless, and that the court rejected this claim prior to directing an inquiry at defense counsel (see, People v Rodriguez, 189 AD2d 684, lv denied 81 NY2d 892).

Defendant’s valid waiver of his right to appeal forecloses any challenge to the alleged excessiveness of his sentence (People v Seaberg, 74 NY2d 1, 9-10). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Rubin and Buckley, JJ.

People v. Mosquera, 276 A.D.2d 331, 714 N.Y.S.2d 672, 2000 N.Y. App. Div. LEXIS 10586 (N.Y. Ct. App. 2000).

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Opinion

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