People v. Howard
| Court | New York Supreme Court Appellate Division |
| Citation | 526 N.Y.S.2d 132,138 A.D.2d 525 |
| Parties | The PEOPLE, etc., Respondent, v. Iris HOWARD, Appellant. |
| Decision Date | 14 March 1988 |
Page 132
v.
Iris HOWARD, Appellant.
Second Department.
Janet A. Gandolfo, Tarrytown, for appellant.
Carl A. Vergari, Dist. Atty., White Plains (Nelson E. Canter and Joseph M. Latino, of counsel), for respondent.
Before MOLLEN, P.J., and KUNZEMAN, WEINSTEIN and RUBIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Colabella, J.), rendered March 24, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The decision of whether to permit a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (CPL 220.60[3]; People v. Stubbs, 110 A.D.2d 725, 727, 487 N.Y.S.2d 824; People v. Kelsch, 96 A.D.2d 677, 678, 466 N.Y.S.2d 535). In the instant case, the plea was knowingly and voluntarily made in the presence of competent counsel after the court had fully apprised the defendant of the consequences of his plea. Significantly, the defendant's earlier admission of guilt was not accompanied by any claim of innocence. Inasmuch as the defendant was afforded ample opportunity to state the basis for his withdrawal application, no error resulted from the absence of an evidentiary hearing with respect to his conclusory allegations that he was in fact innocent and that his fear of proceeding to trial had resulted in an involuntary guilty plea ( see, People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Morris, 107 A.D.2d 973, 975, 484 N.Y.S.2d 697;
Page 133
People v. Kelsch, supra, 96 A.D.2d at 678, 466 N.Y.S.2d 535), particularly in light of the fact that the defendant was not unfamiliar with the criminal justice system, having previously been convicted of a felony.In view of the defendant's failure to state adequate grounds for his motion to suppress identification evidence or to offer sworn allegations of fact in support thereof, and in view of the fact that the identifying witness knew the defendant prior to the commission of the crime (see, CPL 710.60), the court properly concluded that a pretrial Wade hearing was not warranted. Moreover, the court adequately protected the defendant rights by offering, prior to the entry of the plea, to conduct a hearing during trial if the evidence demonstrated that a hearing...
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...in the court's denial of the motion (see, People v. Evans, supra; People v. Bates, 204 A.D.2d 473, 614 N.Y.S.2d 163; People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d...
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People v. Collins
...People v. De Gaspard, 170 A.D.2d 835, 837, 566 N.Y.S.2d 667, lv denied 77 N.Y.2d 994, 571 N.Y.S.2d 920, 575 N.E.2d 406; People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). Finally, defendant received an advantageous plea bargain and nothing in the record casts any doubt upon the apparent e......
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People v. Ross
...920, 575 N.E.2d 406). Defendant's conclusory assertions of coercion and distress did not require a hearing (see, People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). His allocution was complete enough to enable County Court to resolve the issue against him without an evidentiary hearing (se......
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People v. DeGaspard
...only in rare instances. Defendant's conclusory statements of coercion and duress did not require a hearing (see, People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). Additionally, defendant's belated protestation of innocence should not have resulted in the withdrawal of his plea or a heari......
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People v. Jones
...in the court's denial of the motion (see, People v. Evans, supra; People v. Bates, 204 A.D.2d 473, 614 N.Y.S.2d 163; People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d...
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People v. Collins
......Ross, 182 A.D.2d 1022, 1023-1024, 583 N.Y.S.2d 34; People v. De Gaspard, 170 A.D.2d 835, 837, 566 N.Y.S.2d 667, lv denied 77 N.Y.2d 994, 571 N.Y.S.2d 920, 575 N.E.2d 406; People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). Finally, defendant received an advantageous plea bargain and nothing in the record casts any doubt upon the apparent effectiveness of counsel so as to require a hearing on that basis (see, People v. De Gaspard, supra, 170 A.D.2d at 838, 566 N.Y.S.2d 667; ......
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People v. DeGaspard
...... The question of whether defendant should be permitted to withdraw his plea rests in the sound discretion of the trial court and a hearing will be granted only in rare instances. Defendant's conclusory statements of coercion and duress did not require a hearing (see, People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). Additionally, defendant's belated protestation of innocence should not have resulted in the withdrawal of his plea or a hearing where he was afforded sufficient opportunity to state the basis for his withdrawal application (see, People v. Baldwin, 130 A.D.2d ......
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People v. Ross
...920, 575 N.E.2d 406). Defendant's conclusory assertions of coercion and distress did not require a hearing (see, People v. Howard, 138 A.D.2d 525, 526 N.Y.S.2d 132). His allocution was complete enough to enable County Court to resolve the issue against him without an evidentiary hearing (se......