People v. Addeo

Decision Date13 February 1996
PartiesThe PEOPLE, etc., Respondent, v. Robert ADDEO, Appellant.
CourtNew York Supreme Court — Appellate Division

Barry & Shay, P.C., Brooklyn (Steven R. Kartagener, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Monique Ferrell, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered February 6, 1995, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50(5).

The Supreme Court correctly denied the defendant's motion to withdraw his plea of guilty. The plea was knowing, intelligent, and voluntary in all respects (see, People v. Billings, 208 A.D.2d 941, 617 N.Y.S.2d 864; People v. Williams, 206 A.D.2d 398, 614 N.Y.S.2d 317; see also, People v. Moloney, 216 A.D.2d 163, 628 N.Y.S.2d 1010). The defendant admitted his guilt without protest (see, People v. Latimer, 176 A.D.2d 350, 574 N.Y.S.2d 586) and he expressly acknowledged that as part of his plea, he was waiving any claim of self defense (see, People v. McGriff, 216 A.D.2d 330, 627 N.Y.S.2d 773). He acknowledged that he had discussed his plea with counsel and was satisfied with the representation he received (see, People v. Tuttle, 141 A.D.2d 584, 530 N.Y.S.2d 158). Accordingly, the defendant's present unsupported, conclusory contentions do not warrant reversal (see, People v. Miller, 54 A.D.2d 765, 387 N.Y.S.2d 695, affd 42 N.Y.2d 946, 398 N.Y.S.2d 133, 367 N.E.2d 640).

We have reviewed the defendant's remaining contentions and find them to be without merit.

MANGANO, P.J., and COPERTINO, JOY and ALTMAN, JJ., concur.

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