People v. Suarez

Appellate Division of the Supreme Court of New York

People v. Suarez

201 A.D.2d 810, 609 N.Y.S.2d 861, 1994 N.Y. App. Div. LEXIS 1141

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

DecidedFebruary 10, 1994

StatusPublished

Cited by1 cases

This text of 201 A.D.2d 810 (People v. Suarez) 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.

Bluebook

People v. Suarez, 201 A.D.2d 810, 609 N.Y.S.2d 861, 1994 N.Y. App. Div. LEXIS 1141 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a judgment of the County Court of Schenectady County (Aison, J.), rendered February 26, 1993, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant was convicted upon his plea of guilty of criminal possession of a controlled substance in the third degree and sentenced as a second felony offender to 8 to 16 years’ imprisonment. Defendant contends that County Court erred in deny[811]*811ing his motion to withdraw his guilty plea. The record of the plea proceeding reflects that defendant’s plea was voluntary, knowing and intelligent. In addition, when given an opportunity to state the basis for his withdrawal motion, defendant presented only conclusory assertions of coercion and ineffectiveness of counsel. Given these circumstances, we find that County Court did not abuse its discretion in summarily denying defendant’s motion. We also conclude that defendant’s right to the effective assistance of counsel has been satisfied.

Cardona, P. J., Mikoll, Crew III and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Schenectady County (Aison, J.), rendered February 26, 1993, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant was convicted upon his plea of guilty of criminal possession of a controlled substance in the third degree and sentenced as a second felony offender to 8 to 16 years’ imprisonment. Defendant contends that County Court erred in deny[811]*811ing his motion to withdraw his guilty plea. The record of the plea proceeding reflects that defendant’s plea was voluntary, knowing and intelligent. In addition, when given an opportunity to state the basis for his withdrawal motion, defendant presented only conclusory assertions of coercion and ineffectiveness of counsel. Given these circumstances, we find that County Court did not abuse its discretion in summarily denying defendant’s motion. We also conclude that defendant’s right to the effective assistance of counsel has been satisfied.

Cardona, P. J., Mikoll, Crew III and Weiss, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

201 A.D.2d 810, 609 N.Y.S.2d 861, 1994 N.Y. App. Div. LEXIS 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-suarez-nyappdiv-1994.

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