People v. Hakim

Decision Date05 June 1995
PartiesThe PEOPLE, etc., Respondent, v. Sadiq HAKIM, Appellant.
CourtNew York Supreme Court — Appellate Division

McKenna & Schneier, Valley Stream (Alan Schneier, of counsel), for appellant.

Jeanine Pirro, Dist. Atty., White Plains (Christopher Michael Shaw and Bruce Edward Kelly, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolilio, J.), rendered May 27, 1994, convicting him of attempted robbery in the first degree and robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The determination of whether to allow a defendant to withdraw a plea of guilty rests within the sound discretion of the trial court (see, CPL 220.60[3]; People v. Sears, 204 A.D.2d 578, at 579, 614 N.Y.S.2d 207; People v. Lisbon, 187 A.D.2d 457, 589 N.Y.S.2d 527; People v. Lewis, 170 A.D.2d 538, 566 N.Y.S.2d 95). Where, as here, the defendant knowingly and voluntarily pleaded guilty (see, People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170) in the presence of competent counsel, with whom he expressed satisfaction, after the court had advised him of the consequences of his plea during a thorough and meticulous plea allocution, the court properly denied the defendant's motion to withdraw the plea. Although the defendant alleged that he was coerced into pleading guilty by his attorney and that he was innocent of attempted robbery in the first degree, his claims were not supported by the evidence and/or the minutes of the plea proceedings.

As part of his plea agreement, the defendant knowingly and voluntarily waived his right to appellate review of his conviction and sentence. Consequently, he is foreclosed from seeking review of the latter at this time (see, e.g., People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Burk, 181 A.D.2d 74, 586 N.Y.S.2d 140). In any event, since the sentence imposed was the one promised and negotiated for, there is no reason for this court to set it aside.

SULLIVAN, J.P., and MILLER, COPERTINO, JOY and FRIEDMANN, JJ., concur.

To continue reading

Request your trial
3 cases
  • People v. Grossfeld
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Junio 1995
  • People v. McLean
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Abril 1998
    ...People v. Peavy, 225 A.D.2d 1082, 1083, 639 N.Y.S.2d 752, lv. denied 88 N.Y.2d 883, 645 N.Y.S.2d 457, 668 N.E.2d 428; People v. Hakim, 216 A.D.2d 321, 627 N.Y.S.2d 987, lv. denied 86 N.Y.2d 795, 632 N.Y.S.2d 508, 656 N.E.2d Judgment unanimously affirmed. (Appeal from Judgment of Genesee Cou......
  • People v. Hakim
    • United States
    • New York Court of Appeals Court of Appeals
    • 15 Agosto 1995
    ...508 632 N.Y.S.2d 508 86 N.Y.2d 795, 656 N.E.2d 607 People v. Sadiq Hakim Court of Appeals of New York Aug 15, 1995 Simons, J. 216 A.D.2d 321, 627 N.Y.S.2d 987 App.Div. 2, Westchester Denied. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT