People v. Irizzary
| Court | New York Supreme Court — Appellate Division |
| Writing for the Court | Before THOMPSON |
| Citation | 125 A.D.2d 589,509 N.Y.S.2d 652 |
| Decision Date | 22 December 1986 |
| Parties | The PEOPLE, etc., Respondent, v. Ramon IRIZZARY, Appellant. |
Page 652
v.
Ramon IRIZZARY, Appellant.
Second Department.
Anthony Allan D'Amore, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Anthea H. Bruffee, of counsel), for respondent.
Before THOMPSON, J.P., and NIEHOFF, WEINSTEIN, KUNZEMAN and SPATT, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered October 27, 1983, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
Page 653
ORDERED that the judgment is affirmed.
The sentencing court did not abuse its discretion in determining that the defendant's request to withdraw his plea on the grounds that he was mentally unfit, that he was innocent and that he was forced to plead guilty because of his attorney's incompetence, was without merit (CPL 220.60 People v. Pica, 112 A.D.2d 325, 491 N.Y.S.2d 775; 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 view of the complete allocution of the defendant's plea before the same Judge who presided at sentencing and the fact that the defendant made no showing in support of his conclusory assertions, Criminal Term properly proceeded to impose sentence without making any further inquiry (see, People v. Brown, 110 A.D.2d 902, 903, 489 N.Y.S.2d 4).
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