People v. Ambrose

• Decision Date: 04 November 1999
• Citation: 697 N.Y.S.2d 616,266 A.D.2d 26
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>DWAYNE AMBROSE, Appellant.
• Court: New York Supreme Court — Appellate Division

266 A.D.2d 26

697 N.Y.S.2d 616

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.DWAYNE AMBROSE, Appellant.

Decided November 4, 1999.

Concur — Rosenberger, J. P., Williams, Tom, Mazzarelli and Saxe, JJ.

Defendant's claim that his plea was coerced is unpreserved for appellate review because he did not move to withdraw the plea before sentencing or to vacate the judgment of conviction and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record, which includes a careful allocution by the court, establishes the voluntariness of the plea. There was nothing coercive about the court's discussion of the permissible scope of sentencing in the event of a conviction after trial (People v Leamon, 254 AD2d 139).

To the extent that the existing record permits review of defendant's ineffective assistance...