People v. Hernandez
| Decision Date | 05 May 1997 |
| Citation | 239 A.D.2d 359,657 N.Y.S.2d 974 |
| Parties | The PEOPLE, etc., Respondent, v. Carlos HERNANDEZ, a/k/a Lenny Hernandez, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ronna Gordon-Galchus, Bayside, for appellant.
Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Robin A. Forshaw, and Ellen C. Abbot, of counsel; Sheryl L. Arshadnia, on the brief), for respondent.
Appeal by the defendant from two judgments of the Supreme Court, Queens County (Braun, J.), both rendered April 5, 1994, convicting him of murder in the second degree and robbery in the first degree under Indictment No. 768/93, and robbery in the first degree under Indictment No. 1402/93, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant claims that his pleas were involuntary because he had been under the influence of marihuana at the time of the pleas. The Supreme Court providently exercised its discretion in rejecting the defendant's claim, based on its own observation (see, People v. Pica, 112 A.D.2d 325, 491 N.Y.S.2d 775; People v. Bangert, 107 A.D.2d 752, 484 N.Y.S.2d 117; People v. Parizo, 78 A.D.2d 863, 432 N.Y.S.2d 627). Furthermore, there is no evidence in the record that the defendant was under the influence of marihuana at the time of the plea proceedings, and the minutes of the proceedings indicate that the defendant understood the proceedings and was coherent (see, People v. Jones, 233 A.D.2d 944, 649 N.Y.S.2d 578; People v. James, 192 A.D.2d 555, 596 N.Y.S.2d 100).
Moreover, since the defendant's basis for his application to withdraw his pleas was facially without merit, no formal evidentiary hearing was necessary (see, People v. Billings, 208 A.D.2d 941, 617 N.Y.S.2d 864; People v. Morris, 118 A.D.2d 595, 499 N.Y.S.2d 13).
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People v. Brooks, 6110/12.
... ... See, generally, People v. Ramos, 63 N.Y.2d 640 (1984); People v. Hernandez, 239 A.D.2d 359 (2nd Dept.), lv denied,90 N.Y.2d 894 (1997); People v. Drummond, 194 A.D.2d 416 (1st Dept.), lv denied,82 N.Y.2d 893 (1993).Prior to his plea, defendant was exposed to a substantially greater period of incarceration had he instead gone to trial and been convicted under the original ... ...
- People v. Hernandez