People v. Aguayo

Citation73 A.D.3d 938,899 N.Y.S.2d 878
PartiesThe PEOPLE, etc., respondent, v. Eduardo AGUAYO, appellant.
Decision Date11 May 2010
CourtNew York Supreme Court Appellate Division
899 N.Y.S.2d 878
73 A.D.3d 938


The PEOPLE, etc., respondent,
v.
Eduardo AGUAYO, appellant.


Supreme Court, Appellate Division, Second Department, New York.

May 11, 2010.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Linda Cantoni of counsel), for respondent.
73 A.D.3d 938

Appeals by the defendant from two judgments of the Supreme Court, Queens County (Blumenfeld, J.), both rendered October 23, 2008, convicting him of driving while intoxicated as a felony under Indictment No. 1357/07, and enterprise corruption and criminal possession of stolen property in the fourth degree under Indictment

No. 1824/07, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

"A motion to withdraw a plea of guilty is addressed to the sound discretion of the trial court" ( People v. Levy, 39 A.D.3d 670, 670, 831 N.Y.S.2d 909; see CPL 220.60[3]; People v. Jackson, 56 A.D.3d 492, 492-493, 867 N.Y.S.2d 144; People v. Gutierrez, 35 A.D.3d 883, 827 N.Y.S.2d 267). Here, the defendant's plea was knowingly, voluntarily, and intelligently made ( see People v. Jackson, 56 A.D.3d at 492-493, 867 N.Y.S.2d 144; People v. Gedin, 46 A.D.3d 701, 847 N.Y.S.2d 231; People v. Gutierrez, 35 A.D.3d at 883, 827 N.Y.S.2d 267). The defendant's contention that his plea of guilty was coerced is belied by the record ( see People v. Jackson, 56 A.D.3d at 492-493, 867 N.Y.S.2d 144; People v. Gedin, 46 A.D.3d at 701, 847 N.Y.S.2d 231; People v. Gutierrez, 35 A.D.3d at 883, 827 N.Y.S.2d 267).

"The defendant's waiver of his right to appeal precludes review of his contention that he was denied the effective assistance of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of his plea" ( People v. Gedin, 46 A.D.3d at 701, 847 N.Y.S.2d 231; see People v. Dixon, 41 A.D.3d 861, 862, 841 N.Y.S.2d 314). To the extent that the defendant is claiming that the ineffective assistance of counsel rendered his plea involuntary, the record reveals that the defendant received an advantageous plea, and nothing in the record casts doubt on the effectiveness of counsel ( see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Mercer, 69 A.D.3d 960, 892 N.Y.S.2d 784; People v. Brooks, 36 A.D.3d 929, 828 N.Y.S.2d 553; People v. Boodhoo, 191 A.D.2d 448, 449, 593 N.Y.S.2d 882; People v. Mayes, 133 A.D.2d 905, 906, 520 N.Y.S.2d 276). Moreover, the defendant stated...

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  • People v. Mejia
    • United States
    • New York Supreme Court — Appellate Division
    • December 18, 2013
    ...of his plea ( see People v. Ropiza, 100 A.D.3d 935, 954 N.Y.S.2d 188; People v. Watt, 82 A.D.3d 912, 918 N.Y.S.2d 347; People v. Aguayo, 73 A.D.3d 938, 939, 899 N.Y.S.2d 878). To the extent the defendant claims that the alleged ineffective assistance affected the voluntariness of his plea, ......
  • People v. Duah
    • United States
    • New York Supreme Court — Appellate Division
    • January 24, 2012
    ...N.Y.S.2d 539; People v. Yarborough, 83 A.D.3d 875, 920 N.Y.S.2d 681; People v. Watt, 82 A.D.3d 912, 918 N.Y.S.2d 347; People v. Aguayo, 73 A.D.3d 938, 899 N.Y.S.2d 878). To the extent that the defendant contends that ineffective assistance of counsel affected the voluntariness of his plea, ......
  • People v. Deliser
    • United States
    • New York Supreme Court — Appellate Division
    • June 21, 2011
    ...were knowingly, voluntarily, and intelligently entered, and his claims of coercion are belied by the record ( see People v. Aguayo, 73 A.D.3d 938, 939, 899 N.Y.S.2d 878). Moreover, contrary to the defendant's contentions, the record reveals that his attorney did not take a position adverse ......
  • People v. Ropiza
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2012
    ...ineffective assistance affected the voluntariness of his plea ( see People v. Watt, 82 A.D.3d 912, 918 N.Y.S.2d 347;People v. Aguayo, 73 A.D.3d 938, 939, 899 N.Y.S.2d 878). To the extent the defendant claims that the alleged ineffective assistance affected the voluntariness of his plea, the......
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