People v. Gonzales
| Decision Date | 27 September 1996 |
| Citation | 647 N.Y.S.2d 900,231 A.D.2d 939 |
| Parties | PEOPLE of the State of New York, Respondent, v. Santos GONZALES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth by Philip Rothschild, Syracuse, for Appellant.
William J. Fitzpatrick by Gordon Cuffy, Syracuse, for Respondent.
Before DENMAN, P.J., and GREEN, WESLEY, DOERR and BOEHM, JJ.
County Court did not abuse its discretion in denying defendant's motion to withdraw the guilty plea. The record establishes that defendant's guilty plea was knowingly, intelligently and voluntarily entered. Defendant's belated and unsubstantiated assertion that the plea was the result of defendant's failure to take prescribed medication is insufficient to support the motion (see, People v. McNair [appeal No. 1], 186 A.D.2d 1089, 590 N.Y.S.2d 789, lv. denied 80 N.Y.2d 1028, 592 N.Y.S.2d 678, 607 N.E.2d 825; People v. Barnett, 136 A.D.2d 555, 523 N.Y.S.2d 174, lv. denied 71 N.Y.2d 966, 529 N.Y.S.2d 77, 524 N.E.2d 431; cf., People v. DeWolf, 155 A.D.2d 995, 548 N.Y.S.2d 131, lv. denied 75 N.Y.2d 812, 552 N.Y.S.2d 562, 551 N.E.2d 1240). Nor did the court abuse its discretion in denying defense counsel's request for an adjournment. Defendant had ample opportunity prior to sentencing to obtain psychiatric records to support his motion to withdraw the plea (see, People v. Grant, 226 A.D.2d 1092, 642 N.Y.S.2d 110; People v. Herring, 225 A.D.2d 1065, 639 N.Y.S.2d 604, lv. denied 88 N.Y.2d 937, 647 N.Y.S.2d 170, 670 N.E.2d 454 [1996]. The court advised defendant that, if he failed to appear on the date scheduled for sentencing, it would not be bound by its sentencing commitment and would impose the maximum permissible sentence. Because defendant did not appear on the scheduled date and offered no reasonable excuse for his failure to appear, the court was no longer bound by its promise and was free to impose an enhanced sentence (see, People v. Evans, 191 A.D.2d 454, 455, 594 N.Y.S.2d 780; see also, People v. Rumlin, 209 A.D.2d 1051, 619 N.Y.S.2d 476, lv. denied 85 N.Y.2d 866, 624 N.Y.S.2d 385, 648 N.E.2d 805). The sentence imposed is not unduly harsh or severe.
Judgment unanimously affirmed.
To continue reading
Request your trial
-
People v. Hunt
...of a failure to take prescribed medication is insufficient to support a motion to withdraw a plea (see People v. Gonzales , 231 A.D.2d 939, 940, 647 N.Y.S.2d 900 [4th Dept. 1996], lv denied 89 N.Y.2d 923, 654 N.Y.S.2d 725, 677 N.E.2d 297 [1996] ; People v. McNair, [Appeal No. 1], 186 A.D.2d......
-
People v. Lioto
...not be bound by its sentencing promise (see, People v. Figgins, 87 N.Y.2d 840, 637 N.Y.S.2d 684, 661 N.E.2d 156; People v. Gonzales, 231 A.D.2d 939, 940, 647 N.Y.S.2d 900, lv. denied 89 N.Y.2d 923, 654 N.Y.S.2d 725, 677 N.E.2d 297; People v. Rumlin, 209 A.D.2d 1051, 619 N.Y.S.2d 476, lv. de......
-
People v. Harris
...for defendant's claim that his mental state at the time of the plea was affected by lack of needed medication (see, People v. Gonzales, 231 A.D.2d 939, 647 N.Y.S.2d 900, lv. denied 89 N.Y.2d 923, 654 N.Y.S.2d 725, 677 N.E.2d 297). The court properly refused to appoint new counsel on the day......
-
People v. Baker
...We reject defendant's alternative contention that she presented a reasonable excuse for her absence (see People v. Gonzales , 231 A.D.2d 939, 940, 647 N.Y.S.2d 900 [4th Dept. 1996], lv denied 89 N.Y.2d 923, 654 N.Y.S.2d 725, 677 N.E.2d 297 [1996] ).Finally, we reject defendant's contention ......