People v. Coles
| Decision Date | 02 June 1997 |
| Citation | 240 A.D.2d 419,658 N.Y.S.2d 1005 |
| Parties | The PEOPLE, etc., Respondent, v. Lamont COLES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Robert E. Stafford, Hampton Bays, for appellant.
James M. Catterson, Jr., District Attorney, Riverhead (Patricia Murphy Kraker, of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Jones, J.), rendered January 5, 1996, convicting him of robbery in the first degree and assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's claim that his guilty plea was coerced is not preserved for appellate review. The defendant did not move to vacate his guilty plea, nor did he otherwise raise this issue before the County Court (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Bartlett, 215 A.D.2d 489, 626 N.Y.S.2d 518). In any event, the record of the plea proceedings establishes that the defendant knowingly, voluntarily, and intelligently pleaded guilty (see People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170).
The defendant's claim that he received ineffective assistance of counsel is without merit. The record demonstrates that trial counsel rendered meaningful representation to the defendant at all stages of the proceedings (People v. Hobot, 84 N.Y.2d 1021, 622 N.Y.S.2d 675, 646 N.E.2d 1102; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
Finally, the defendant may not now be heard to challenge the negotiated sentence which the court imposed (see, People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351). In any event, under the circumstances of this case, the sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
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