People v. Gomez

Citation614 N.Y.S.2d 925,205 A.D.2d 799
CourtNew York Supreme Court Appellate Division
Decision Date27 June 1994
PartiesThe PEOPLE, etc., Respondent, v. Richard GOMEZ, a/k/a Ivan Salari, Appellant.

Perry S. Reich, Lindenhurst, for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Alexander H. Gardner, and Nicoletta J. Caferri, of counsel; Kavan Greene, on the brief), for respondent.

Appeal by the defendant from four judgments of the Supreme Court, Queens County (Pitaro, J.), rendered April 8, 1993, convicting him of burglary in the third degree under indictment No. 1286/92, criminal possession of a weapon in the third degree under indictment No. 2679/92, robbery in the first degree under indictment No. 2881/92, and bail jumping in the first degree and bail jumping in the second degree (two counts) under indictment No. 336/93, upon his pleas of guilty, and imposing sentences.

ORDERED that the notice of appeal, dated May 7, 1993, from the judgments rendered under Indictments No. 1286/92, 2679/92, and 2881/92 is deemed amended to include the judgment rendered under Indictment No. 336/93 (see, CPL 460.10[6], and the decision and order of this court, dated January 11, 1994, assigning counsel is amended accordingly; and it is further,

ORDERED that the judgments are affirmed.

Contrary to the defendant's contentions, he was not deprived of the effective assistance of counsel in connection with his application to withdraw his pleas of guilty (cf., People v. Rodriguez, 189 A.D.2d 684, 592 N.Y.S.2d 965; see also, People v. Pernell, 189 A.D.2d 833, 834, 592 N.Y.S.2d 466). Moreover, the court permissibly exercised its discretion in denying the defendant's application (see e.g., People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Jaworowski, 201 A.D.2d 504, 609 N.Y.S.2d 792; People v. Alicea, 191 A.D.2d 702, 595 N.Y.S.2d 528).

THOMPSON, J.P., and ROSENBLATT, RITTER, FRIEDMANN and KRAUSMAN, JJ., concur.

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5 cases
  • People v. Smith
    • United States
    • New York Supreme Court Appellate Division
    • 22 Mayo 1995
    ...his motion to withdraw his guilty plea (see, People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Gomez, 205 A.D.2d 799, 614 N.Y.S.2d 925; People v. Jaworowski, 201 A.D.2d 504, 609 N.Y.S.2d 792; see also, People v. Fiumefreddo, 82 N.Y.2d 536, 605 N.Y.S.2d 671, 626 N......
  • People v. McNeil
    • United States
    • New York Supreme Court Appellate Division
    • 6 Enero 2000
    ...indictment No. 98-72 is deemed amended to include the judgment rendered under indictment No. 95-85 (see, CPL 460.10; People v. Gomez, 205 A.D.2d 799, 614 N.Y.S.2d 925, lvs. denied 84 N.Y.2d 826, 617 N.Y.S.2d 146, 641 N.E.2d 167, 84 N.Y.2d 832, 617 N.Y.S.2d 152, 641 N.E.2d ...
  • People v. Ford
    • United States
    • New York Supreme Court Appellate Division
    • 27 Junio 1994
  • People v. Gomez
    • United States
    • New York Court of Appeals
    • 18 Agosto 1994
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