People v. Rypps

231 A.D.2d 477, 647 N.Y.S.2d 469, 1996 N.Y. App. Div. LEXIS 9511

Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered June 29, 1994, convicting defendant, upon his plea of guilty, of offering a false instrument for filing in the first degree, and sentencing him to 5 years probation and restitution of $16,816, unanimously affirmed.

The plea minutes conclusively establish that defendant, a dentist, had a precise understanding of the nature and consequences of his plea, and that he specifically agreed to the restitution that was ordered and thus avoided a possible jail sentence. Accordingly, there was no basis for litigating the amount of restitution to which defendant had agreed (People v Suros, 209 AD2d 203, lv denied 85 NY2d 943, cert denied 516 US 862). Nor did defendant advance any sufficiently credible factual representations at sentencing to warrant a hearing into the voluntariness of the plea (cf., People v Brown, 205 AD2d 436), and there is no support in the record for the claim that defendant was denied meaningful representation in this regard (People v Ramos, 63 NY2d 640, 642-643; People v Contreras, 219 AD2d 495, lv denied 87 NY2d 845). Concur—Milonas, J. P., Ellerin, Rubin, Ross and Nardelli, JJ.