People v. Kelly

• Decision Date: 29 October 1996
• Docket Number: No. 58856,58856
• Citation: 232 A.D.2d 314,649 N.Y.S.2d 130
• Parties: The PEOPLE of the State of New York, Respondent, v. Daniel KELLY, a/k/a Daniel R. Kelly, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 130

649 N.Y.S.2d 130

232 A.D.2d 314

The PEOPLE of the State of New York, Respondent, v. Daniel KELLY, a/k/a Daniel R. Kelly, Defendant-Appellant.

No. 58856.

Supreme Court, Appellate Division,

First Department.

Oct. 29, 1996.

Jennifer A. Daskevich, for Respondent.

Gerald E. Bodell, for Defendant-Appellant.

Before ROSENBERGER, J.P., and ELLERIN, ROSS, NARDELLI and MAZZARELLI, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County (John Collins, J.), rendered May 27, 1992, convicting defendant, upon his plea of guilty, of murder in the second degree (two counts) and attempted murder in the second degree, and sentencing him to concurrent terms of 22 years to life, 22 years to life, and 8 1/3 to 25 years, respectively, unanimously affirmed.

Defendant's pro se motion to withdraw his guilty plea was properly denied. The minutes of the plea proceeding belie defendant's bare assertions of innocence, of being under extreme pressure when asked to make his decision about the plea, and of ineffective assistance of counsel (People v. Beach, 225 A.D.2d 364, 638 N.Y.S.2d 653, lv denied 88 N.Y.2d 933, 647 N.Y.S.2d 166, 670 N.E.2d 450). The minutes of the sentencing proceeding show that defendant was given a fuller opportunity than was warranted to elaborate upon his claims, the court having conducted the equivalent of a hearing (People v. Sanchez, 210 A.D.2d 57, 619 N.Y.S.2d 48, lv denied 85 N.Y.2d 942, 627 N.Y.S.2d 1004, 651 N.E.2d 929). Counsel's refusal to join in defendant's pro se motion warranted neither appointment of new counsel (People v. Beach, supra ), nor a finding that counsel was ineffective (People v. Campbell, 180 A.D.2d 808, 580 N.Y.S.2d 445).