People v. Capone

• Decision Date: 24 June 1993
• Citation: People v. Capone, 600 N.Y.S.2d 641, 194 A.D.2d 1014 (N.Y. App. Div. 1993)
• Parties: The PEOPLE of the State of New York, Respondent, v. Nicholas CAPONE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 641

600 N.Y.S.2d 641

194 A.D.2d 1014

The PEOPLE of the State of New York, Respondent, v.Nicholas CAPONE, Appellant.

Supreme Court of New York, Appellate Division Third Department.

June 24, 1993

Mark A. Major, Saratoga Springs, for appellant.David A. Wait, Dist. Atty. (James A. Murphy III, of counsel), Ballston Spa, for respondent.

Appeal from a judgment of the County Court of Saratoga County(Williams, J.), rendered May 22, 1992, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.We find defendant's contention that County Court failed to conduct a sufficient inquiry to ascertain the voluntariness of his guilty plea to be without merit.A review of the record establishes that defendant was represented by counsel and admitted his guilt of the crime to which he pleaded guilty, and that County Court confirmed that defendant understood the consequences of his plea (see, People v. Lattmen, 101 A.D.2d 662, 476 N.Y.S.2d 208).We also find no error in County Court's failure to allow defendant to withdraw his guilty plea based upon defendant's conclusory protestations of innocence and coercion (see, People v. Ross, 182 A.D.2d 1022, 583 N.Y.S.2d 34, lv. dismissed80 N.Y.2d 934, 589 N.Y.S.2d 861, 603 N.E.2d 966;People v. Smith, 168 A.D.2d 915, 564 N.Y.S.2d 884, lv. denied77...