People v. Fiallo
| Decision Date | 01 April 2004 |
| Docket Number | 3280. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSVALDO FIALLO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Since the issue was not raised in defendant's motion to withdraw his guilty plea, his present claim that the court should have made further inquiry into a possible intoxication defense is unpreserved (People v Mackey, 77 NY2d 846 [1991]), and we decline to review it in the interest of justice. Were we to review this claim, we would find no basis for reversal. Nothing in the plea allocution record itself refers to an intoxication defense or casts doubt on the voluntariness of the plea, and the court was not required to make a sua sponte inquiry regarding defendant's mention of intoxication on other occasions (see People v Goldstein, 288 AD2d 76 [2001], lv denied 97 NY2d 729 [2002]; People v Harris, 251 AD2d 79 [1998], lv denied 92 NY2d 925 [1998]). In any event, even if we were to take into consideration defendant's reference to intoxication at an uncompleted plea proceeding several months earlier, we would still find that defendant's ultimate plea was knowing, intelligent and voluntary. At the prior proceeding, the court refused to accept a guilty plea and warned defendant that if he claimed his homicidal intent had been negated by intoxication, he should proceed to trial.
After according defendant a sufficient opportunity to be heard, the court properly exercised its discretion in summarily denying defendant's motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). Defendant's claims were entirely conclusory, and his plea allocution contradicted his claims and established the voluntariness of the plea (see e.g. People v Martinez, 289 AD2d 70 [2001], lv denied 97 NY2d 757 [2002]). Defendant received effective assistance of counsel at all stages, including his plea withdrawal motion, and his conclusory, meritless attorney-coercion claim did not create a conflict of interest requiring appointment of new counsel (see Hines v Miller, 318 F3d 157, 162-164 [2003], cert denied 538 US 1040 [2003]).
By making a valid waiver of his right to appeal, defendant "elec...
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People v. Louis
...plea was knowing, voluntary and intelligent (People v. Caruso, 88 A.D.3d 809, 930 N.Y.S.2d 668 (2nd Dept 2011) ; People v. Fiallo, 6 A.D.3d 176, 777 N.Y.S.2d 297 (1st Dept 2004) ; People v. Garcia, 216 A.D.2d 36, 627 N.Y.S.2d 666 [1st Dept 1995] ).Moreover, the defendant's self-serving clai......
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People v. Diallo
...at the plea proceeding that would trigger a duty on the court to inquire about a waiver of such a defense ( see e.g. People v. Fiallo, 6 A.D.3d 176, 177, 777 N.Y.S.2d 297 [2004], lv. denied 3 N.Y.3d 640, 782 N.Y.S.2d 411, 816 N.E.2d 201 [2004] ). Defendant made a valid waiver of his right t......
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People v. Praileau
...court was “not required to make a sua sponte inquiry regarding defendant's mention of intoxication” at other junctures ( People v. Fiallo, 6 A.D.3d 176, 177, 777 N.Y.S.2d 297 [1st Dept. 2004],lv. denied3 N.Y.3d 640, 782 N.Y.S.2d 411, 816 N.E.2d 201 [2004] ). In any event, there is nothing i......
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People v. Boone
...at the plea proceeding that would trigger a duty to inquire about a waiver of an intoxication defense ( see e.g. People v. Fiallo, 6 A.D.3d 176, 177, 777 N.Y.S.2d 297 [2004], lv. denied 3 N.Y.3d 640, 782 N.Y.S.2d 411, 816 N.E.2d 201 [2004] ). We have considered and rejected the claims conta......