People v. Jackson

• Decision Date: 04 April 1994
• Parties: The PEOPLE, etc., Respondent, v. Billy JACKSON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 897

612 N.Y.S.2d 897

203 A.D.2d 302

The PEOPLE, etc., Respondent, v. Billy JACKSON, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

April 4, 1994.

Philip L. Weinstein, New York City (Laura Boyd, of counsel), for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie and Nicoletta J. Caferri of counsel, Edwin F. Manigbas, on the brief), for respondents.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (O'Dwyer, J.), rendered March 31, 1993, convicting him of burglary in the second degree, criminal mischief in the fourth degree, and criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The general waiver of appeal rights which the defendant executed upon his plea of guilty did not effectively waive the claim that the plea itself was involuntary, which he now raises on appeal (see, People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022).

The court did not improvidently exercise its discretion in denying the defendant's motion to vacate his plea of guilty without conducting a further inquiry (see, CPL 220.60[3]; People v. Frederick, 45 N.Y.2d 520, 527, 410 N.Y.S.2d 555, 382 N.E.2d 1332). The defendant's claim of coercion which formed the basis of his motion was belied by his unequivocal response at the plea allocution that he had not been coerced into entering the plea.

MANGANO, P.J., and BALLETTA, O'BRIEN, HART and FLORIO, JJ., concur.