People v. Figueroa

• Decision Date: 28 November 2012
• Citation: 954 N.Y.S.2d 467,100 A.D.3d 1016,2012 N.Y. Slip Op. 08150
• Court: New York Supreme Court — Appellate Division
• Parties: The PEOPLE, etc., respondent, v. Luis M. FIGUEROA, appellant.

100 A.D.3d 1016

954 N.Y.S.2d 467

2012 N.Y. Slip Op. 08150

The PEOPLE, etc., respondent,

v.Luis M. FIGUEROA, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 28, 2012.

Salvatore C. Adamo, New York, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered May 31, 2011, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant pleaded guilty with the understanding that he would receive the sentence he bargained for, which was a determinate term of 20 years in prison, plus 5 years of postrelease supervision. The defendant's plea of guilty was knowingly, intelligently, and voluntarily entered ( see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170). Moreover, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant received the effective assistance of counsel ( see People v. Taylor, 1 N.Y.3d 174, 176, 770 N.Y.S.2d 711, 802 N.E.2d 1109;see also People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d 137, 146–147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

ANGIOLILLO, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.