People v. Jackson
| Decision Date | 25 March 1991 |
| Citation | 568 N.Y.S.2d 329,171 A.D.2d 883 |
| Parties | The PEOPLE, etc., Respondent, v. Glenton JACKSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Alan Schneier, Valley Stream, for appellant. John J. Santucci, Dist. Atty., Kew Gardens (Fran Schumer, of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered January 6, 1989, convicting him of rape in the third degree, upon a plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. At no time prior to sentencing did the defendant attempt to withdraw his plea, with the result that his claims are unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938). In any event, there is insubstantial support for the defendant's sudden claims of innocence and of having been coerced into pleading guilty by counsel, where he accepted the prosecutor's offer, confessed to his guilt during his allocution as well as to the Probation Department, and declared himself at sentencing to be "extremely sorry and ashamed". In the interests of finality (cf., People v. Ramos, 63 N.Y.2d 640, 642, 479 N.Y.S.2d 510, 468 N.E.2d 692; People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332), where there is no indication in the record that the defendant was in fact innocent or in any way coerced, and where his plea was knowingly and voluntarily made, the plea will not be disturbed on the basis of unsubstantiated and conclusory assertions that his attorney forced him to plead guilty (see, People v. Washington, 156 A.D.2d 496, 548 N.Y.S.2d 771). The defendant also received the sentence that he bargained for, with the result that the sentence, which in any event is not excessive, will not be disturbed (see, People v. Kazepis, 101 A.D.2d 816, 817, 475 N.Y.S.2d 351).
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