People v. Alvarado

• Decision Date: 24 May 1993
• Citation: 598 N.Y.S.2d 997,193 A.D.2d 808
• Parties: The PEOPLE, etc., Respondent, v. Timothy ALVARADO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 997

598 N.Y.S.2d 997

193 A.D.2d 808

The PEOPLE, etc., Respondent, v. Timothy ALVARADO, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

May 24, 1993

Marianne Karas, Yonkers, for appellant. William L. Murphy, Dist. Atty., Staten Island (Jonathan J. Silbermann and Frank Piccininni, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered December 16, 1991, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant contends that he was induced to plead guilty by the threat of a heavier sentence if he went to trial. We find this contention to be without merit, as a review of the record reveals that the defendant's plea was knowing, voluntary and intelligent (see generally, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). The defendant's remaining contention is also without merit ( see, People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Mitchell, 176 A.D.2d 967, 575 N.Y.S.2d 573).

MANGANO, P.J., and SULLIVAN, O'BRIEN, RITTER and PIZZUTO, JJ., concur.