People v. DeSimone

• Decision Date: 29 July 1985
• Citation: People v. DeSimone, 492 N.Y.S.2d 414, 112 A.D.2d 443 (N.Y. App. Div. 1985)
• Parties: The PEOPLE, etc., Respondent, v. Frank DeSIMONE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 414

492 N.Y.S.2d 414

112 A.D.2d 443

The PEOPLE, etc., Respondent, v. Frank DeSIMONE, Appellant.

Supreme Court, Appellate Division Second Department.

July 29, 1985.

Hyman J. Greenberg, Forest Hills (Spiros A. Tsimbinos, Forest Hills, of counsel), for appellant.

John J. Santucci, Dist. Atty., Kew Gardens (Susan C. Kramer, Kew Gardens, of counsel), for respondent.

Before BROWN, J.P., and RUBIN, LAWRENCE and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

Appeals by defendant from six judgments of the Supreme Court, Queens County, each rendered July 2, 1984, convicting him of criminal sale of a controlled substance in the first degree (two counts), criminal sale of a controlled substance in the second degree (three counts), and criminal possession of a controlled substance in the seventh degree, upon his pleas of guilty, and imposing sentences. The appeals bring up for review the denial, after a hearing, of defendant's motion to withdraw his pleas of guilty.

Judgments affirmed.

We reject defendant's contention that the court improperly denied his motion to withdraw his pleas of guilty inasmuch as the record reveals that he knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Sprow, 104 A.D.2d 1056, 480 N.Y.S.2d 961). The record provided no grounds for the withdrawal of those pleas (see, People v. Ramos, 63 N.Y.2d 640, 642-43, 479 N.Y.S.2d 510, 468 N.E.2d 692). If defendant was dissatisfied with the terms of the proffered pleas his remedy was to refrain from pleading guilty (People v. Jones, 81 A.D.2d 22, 23-24, 440 N.Y.S.2d...