People v. Rodriguez

220 A.D.2d 700, 632 N.Y.S.2d 683, 1995 N.Y. App. Div. LEXIS 10583

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered August 3, 1993, convicting her of criminal sale of a controlled substance in the third degree under Kings County Indictment No. 3089/93, upon her plea of guilty, and imposing sentence, and purported appeal by the defendant from a judgment of the same court, also rendered August 3, 1993, convicting her of criminal sale of a controlled substance in the third degree under Kings County Indictment No. 564/93, upon her plea of guilty, and imposing sentence.

Ordered that the purported appeal from the judgment rendered upon Indictment No. 564/93 is dismissed; and it is further,

Ordered that the judgment rendered upon Indictment No. 3089/93 is affirmed.

The defendant only filed a notice of appeal with regard to Indictment No. 3089/93, and her subsequent motion to amend the notice of appeal to reflect that she was also appealing from Indictment No. 564/93 was denied by decision and order on motion of this Court dated January 6, 1995.

At sentencing, the defendant moved, inter alia, to withdraw her plea of guilty under Indictment No. 3089/93 on the ground that she was mentally unfit at the time she entered the plea. The record of the plea proceeding, however, belies any claim of unfitness. Accordingly, it was a proper exercise of the Supreme Court’s discretion to deny the defendant’s motion (see, People v Frederick, 45 NY2d 520, 525; People v Tinsley, 35 NY2d 926). Sullivan, J. P., Thompson, Copertino, Krausman and Florio, JJ., concur.