People v. Butler
| Decision Date | 22 November 1993 |
| Citation | 605 N.Y.S.2d 915,198 A.D.2d 427 |
| Parties | The PEOPLE, etc., Respondent, v. Daniel BUTLER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Linda D. Cohen, Briarcliff Manor, for appellant.
Carl A. Vergari, Dist. Atty., White Plains (Richard Longworth Hecht, of counsel; Bertina Capuano, of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered October 19, 1992, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
By pleading guilty, the defendant forfeited his right to challenge on appeal the sufficiency of the instructions before the Grand Jury (see, People v. Gerber, 182 A.D.2d 252, 589 N.Y.S.2d 171). Further, the defendant's waiver of his right to appeal barred him from challenging on appeal the denial of that branch of his pretrial motion which was to suppress identification testimony (see, People v. Callahan, 80 N.Y.2d 273, 285, 590 N.Y.S.2d 46, 604 N.E.2d 108). Nor was it an improvident exercise of discretion to deny, without the appointment of new counsel, the defendant's application to withdraw his plea of guilty, where " 'the record demonstrated that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty' (People v. Harris, 61 NY2d 9 [471 N.Y.S.2d 61, 459 N.E.2d 170] while represented by competent counsel with whose services he expressed satisfaction" (People v. Smith, 192 A.D.2d 732, 598 N.Y.S.2d 735). The defendant's belated and unsubstantiated claim of innocence was belied by his earlier admission of guilt during his plea of guilty (see, People v. Smith, 192 A.D.2d 732, 598 N.Y.S.2d 735, supra; People v. Williams, 183 A.D.2d 866, 584 N.Y.S.2d 107).
We have considered the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit.
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