People v. Akridge
| Decision Date | 29 September 1998 |
| Citation | 678 N.Y.S.2d 258,253 A.D.2d 727 |
| Parties | 1998 N.Y. Slip Op. 8074 The PEOPLE of the State of New York, Respondent, v. Rocky AKRIDGE, Defendant-Appellant. . Supreme Court of New York, Appellate Division, First Department |
| Court | New York Supreme Court — Appellate Division |
Mathew Kleiner, for Respondent.
Dennis J. Doody, for Defendant-Appellant.
Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered May 4, 1995, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree and attempted forgery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 1 1/2 to 3 years, unanimously affirmed.
Defendant's claim that his plea was coerced by the court's discussion of potential sentences is not preserved as a matter of law since defendant did not move to withdraw the plea or to vacate the judgment of conviction (People v. Ramirez, 196 A.D.2d 775, 603 N.Y.S.2d 725, lv. denied 82 N.Y.2d 852, 606 N.Y.S.2d 604, 627 N.E.2d 526), and we decline to review this claim in the interest of justice. Were we to review this claim, we would find that it was not coercive for the court to inform defendant that he faced consecutive sentences if he went to trial on two separate indictments (compare, People v. Green, 240 A.D.2d 513, 658 N.Y.S.2d 133, lv. denied 90 N.Y.2d 940, 664 N.Y.S.2d 758, 687 N.E.2d 655, with People v. Min, --- A.D.2d ----, 671 N.Y.S.2d 480).
The record establishes that defendant received meaningful representation on both indictments (see, People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265), notwithstanding the fact that counsel was not formally appointed as to one of the indictments until after the plea was taken.
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