People v. Coco
| Decision Date | 19 October 1995 |
| Citation | 220 A.D.2d 312,650 N.Y.S.2d 636 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Frank COCO, Also Known as Juan Perez, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, J.P., and WALLACH, RUBIN, ROSS and NARDELLI, JJ.
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered February 24, 1993, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 7 to 21 years, to run concurrently with an unrelated previously imposed sentence of 8 1/3 years to life, unanimously affirmed.
Defendant's motion to withdraw his plea of guilty was properly denied without a hearing. Defendant was given a reasonable opportunity to advance his claim that he felt "confused" at the plea proceeding and was "almost forced" by his attorney and his family into pleading guilty, but the record, which includes a careful allocution by the court, demonstrates that defendant's plea was knowing, intelligent, and voluntary (see, People v. Frederick, 45 N.Y.2d 520, 524-525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). That counsel may have encouraged defendant to accept a plea offer that very favorably involved no prison time in addition to what defendant was already serving for an unrelated crime, or discussed unspecified aspects of the case with defendant's family against defendant's instructions, hardly demonstrates coercion or warranted the assignment of new counsel (see, People v. Franklin, 211 A.D.2d 453, 621 N.Y.S.2d 857; People v. Braun, 167 A.D.2d 164, 561 N.Y.S.2d 244; see also, People v. Byas, 211 A.D.2d 562, 621 N.Y.S.2d 579; People v. Brown, 177 A.D.2d 460, 461, 576 N.Y.S.2d 557, lv. denied 79 N.Y.2d 944, 583 N.Y.S.2d 198, 592 N.E.2d 806; cf., People v. Lewis, 46 N.Y.2d 825, 414 N.Y.S.2d 116, 386 N.E.2d 1084).
The unpublished Decision and Order of this Court entered herein on October 3, 1995 is hereby recalled and vacated.
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