People v. Vasquez

250 A.D.2d 506, 671 N.Y.S.2d 974, 1998 N.Y. App. Div. LEXIS 5866

Opinion

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered August 23, 1994, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to 5 years probation, unanimously affirmed.

The existing record, which defendant has not sought to amplify by way of a motion pursuant to CPL 440.10 (see, People v Love, 57 NY2d 998), establishes that defendant received effective assistance of counsel in connection with his guilty plea (see, People v Ford, 86 NY2d 397, 404).

Defendant’s motion to vacate his guilty plea was properly denied without a hearing since the record shows his plea was knowing, intelligent and voluntary (see, People v Frederick, 45 NY2d 520). Defendant’s two written motions and appearance at sentencing provided him with ample opportunity to be heard (People v Gray, 235 AD2d 298). Concur — Rosenberger, J. P., Wallach, Tom and Saxe, JJ.