People v. Barnett
| Decision Date | 11 January 1988 |
| Citation | 136 A.D.2d 555,523 N.Y.S.2d 174 |
| Parties | The PEOPLE, etc., Respondent, v. Delroy BARNETT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Anthony Allan D'Amore, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Darrell Fields, of counsel, Jonathan D. Sands on the brief), for respondent.
Before BRACKEN, J.P., and KUNZEMAN, EIBER and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered March 13, 1985, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant, as a condition to the acceptance of his plea, voluntarily waived his right to appellate review of the denial of his motion to suppress certain statements made to law enforcement officials. Thus, the defendant's challenge on appeal regarding the propriety of the suppression court's ruling need not be addressed ( see, People v. Williams, 36 N.Y.2d 829, 370 N.Y.S.2d 904, 331 N.E.2d 684, cert. denied 423 U.S. 873, 96 S.Ct. 141, 46 L.Ed.2d 104; People v. Feingold, 125 A.D.2d 587, 510 N.Y.S.2d 7; People v. Moore, 123 A.D.2d 363, 506 N.Y.S. 375; People v. Davison, 108 A.D.2d 820, 485 N.Y.S.2d 296).
The defendant's further contention that Criminal Term erred in denying his motion to withdraw his guilty plea without first conducting an evidentiary hearing is without merit. The record reveals that the defendant was fully apprised of the rights he would be waiving by pleading guilty. After consulting with counsel, the defendant voluntarily elected to plead guilty to a lesser-included charge of the top count of a two count indictment. During the plea allocution, the defendant admitted the underlying facts of the crime and he also waived potential defenses thereto. Neither his belated, unsubstantiated claim of innocence nor his assertion that "emotional" problems compelled him to plead guilty renders the plea procedurally or substantively defective ( see, People v. Stubbs, 110 A.D.2d 725, 487 N.Y.S.2d 824; People v. Fears, 110 A.D.2d 712, 488 N.Y.S.2d 26; People v. Bangert, 107 A.D.2d 752, 484 N.Y.S.2d 117). Moreover, in view of the fact that the defendant was afforded a reasonable opportunity to state the basis for his withdrawal motion, no formal evidentiary hearing was necessary ( see, People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324...
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