People v. Velez

Appellate Division of the Supreme Court of New York

People v. Velez

124 A.D.3d 468, 1 N.Y.S.3d 87

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

DecidedJanuary 15, 2015

Docket13963 3544/08

StatusPublished

Cited by1 cases

This text of 124 A.D.3d 468 (People v. Velez) 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. Velez, 124 A.D.3d 468, 1 N.Y.S.3d 87 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered December 12, 2012, convicting defendant, upon his plea of guilty, of enterprise corruption and promoting gambling in the first degree, and sentencing him to an aggregate term of IV2 to 4V2 years, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50 (5).

The court properly denied defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that defendant’s plea was knowingly, intelligently and voluntarily entered. Defendant’s claims that the attorney who represented him at the time of the plea rendered *469 ineffective assistance, and that defendant was under the influence of medication, were conclusory, unsubstantiated and contradicted by the record. The court properly relied on its familiarity with the plea allocution and other proceedings. The prior attorney negotiated a favorable disposition (see People v Ford, 86 NY2d 397, 404 [1995]), and neither defendant nor his new attorney cast any doubt on the prior attorney’s effectiveness.

There was nothing improper about the court’s participation in the plea bargaining process, which, in any event, led to terms more favorable to defendant than the People had offered.

Concur — Mazzarelli, J.P., Sweeny, Andrias, Moskowitz and Richter, JJ.

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Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered December 12, 2012, convicting defendant, upon his plea of guilty, of enterprise corruption and promoting gambling in the first degree, and sentencing him to an aggregate term of IV2 to 4V2 years, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50 (5).

The court properly denied defendant’s motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). The record establishes that defendant’s plea was knowingly, intelligently and voluntarily entered. Defendant’s claims that the attorney who represented him at the time of the plea rendered *469 ineffective assistance, and that defendant was under the influence of medication, were conclusory, unsubstantiated and contradicted by the record. The court properly relied on its familiarity with the plea allocution and other proceedings. The prior attorney negotiated a favorable disposition (see People v Ford, 86 NY2d 397, 404 [1995]), and neither defendant nor his new attorney cast any doubt on the prior attorney’s effectiveness.

There was nothing improper about the court’s participation in the plea bargaining process, which, in any event, led to terms more favorable to defendant than the People had offered.

Concur — Mazzarelli, J.P., Sweeny, Andrias, Moskowitz and Richter, JJ.

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Bluebook (online)

124 A.D.3d 468, 1 N.Y.S.3d 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-velez-nyappdiv-2015.

Opinion

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